Having a restraining order entered against you can have serious ramifications. One such consequence is being unable to return to your place of employment if you and the victim work at the same location. We are often sought out by clients after they have had disappointing experiences with their prior attorney or after attempting to handle the situation on their own. While it’s always easier to get it done right the first time, we welcome these opportunities to help right a wrong. We recently had a client hire The Durst Firm in an effort to see if the restrictions imposed by a final restraining could be modified to allow the individual to return to work.
In this case, our client had unique skills which resulted in a substantial earning capacity. However, both the plaintiff and defendant were employed at the same company. As a result of the final restraining our client was unable to return to his job. This created an undue and substantial financial hardship, one which we felt was unwarranted given the facts of the case and the unique conditions of their respective jobs. Our job was to present an argument that would lead the court to agree with us.
After reviewing the situation with our client, we realized that we would be able to demonstrate for the court that:
- The parties work in distinctly separate departments
- The parties had separate and independent responsibilities
- The parties had no supervisory or other authority over the other
- The parties could schedule their work hours so as not to be on site at the same time
After reviewing our submission and listening to oral argument at a lengthy hearing, the court accepted our position and was compelled to amend the final restraining order and thereby allow our client to return to work. This outcome depended upon our ability to substantiate and present facts and circumstances to the court, which would allow the judge to feel comfortable granting the relief we were requesting while maintaining adequate protections for the victim. Not every shared employment situation may allow for the necessary accommodations and scheduling adjustments and the parties may not have independent spheres of responsibility. We cannot guarantee success in every situation. But if you find yourself barred from your workplace as a result of a restraining order, the Durst Firm may be able to help.
