Fairfield Restraining Order Lawyer

Defending Against Restraining Orders in California

Being served with a restraining order can seriously affect your freedom, reputation, and future. These legal orders are designed to prevent contact between individuals, usually in situations involving allegations of harassment, abuse, or threats. However, restraining orders are sometimes filed based on exaggerated claims, miscommunications, or as a strategic move in contentious disputes such as divorce or child custody battles.

At The Maher Law Group, APC, we protect the rights of individuals facing restraining orders in criminal contexts. Whether you're being accused of domestic violence, stalking, or another offense leading to a protective order, we know how to challenge these allegations and work toward a resolution that protects your legal interests.

Call The Maher Law Group, APC today at (888) 744-3057 or contact us online to schedule a consultation with our restraining order attorney in Fairfield.

What Proof Is Needed to Issue a Restraining Order?

If you are suspected of engaging in domestic violence or civil harassment, it is likely that your accuser may seek a restraining order against you. In California, the legal standard of proof needed to issue a protective order can be low. Temporary orders can be issued upon “reasonable proof” that the alleged abuse occurred. A permanent order may require a higher level of evidence, however, it still must only be shown that the events in question were more likely than not to have occurred.

What Can a Restraining Order Stop You From Doing?

A restraining order can prohibit an individual from:

• Contacting the protected person or their children
• Going near an individual’s home, work, or school
• Owning or purchasing a firearm (currently owned firearms must be sold or stored at an approved location)

The limited information needed to file an injunction can leave an individual who has not broken the law with incredible hardship. If you are facing the possibility of a restraining order, know that you are not alone in this process, and our Fairfield criminal defense attorneys can work tirelessly to see that your side of the story is heard. At The Maher Law Group, APC, we can help you keep a temporary injunction from turning into a permanent restraining order.

How to Fight a Restraining Order 

While a temporary order will typically last only a few days, a hearing will be scheduled to determine if a permanent injunction is warranted. These hearings are often held soon after the initial complaint, and you should not waste any time in contacting an attorney from our firm. Accusations of domestic abuse are often highly circumstantial, and our attorneys can help you defend against exaggerated claims, misremembered events, and outright false accusations.

Permanent and temporary injunctions will typically contain multiple orders that detail the restrictions that you are to follow. Until you are able to overcome the accusations that you face, it is vital to abide by the orders as they have been presented. For example, do not attempt to contact your accuser to reason with them or to seek clarification. Any contact at all may be a violation of the restraining order and can have serious legal consequences, such as hurting your credibility when in front of a judge.

How to Win a Restraining Order Hearing

Winning a restraining order hearing typically involves the following steps:

• Gather evidence: Collect any evidence that supports your case. This may include photographs, videos, text messages, emails, or any other relevant documentation demonstrating the need for a restraining order. Be prepared to present this evidence during the hearing.
• Organize your case: Develop a clear and concise argument for why you need the restraining order. Prepare a timeline of incidents, outline any threats or acts of violence, and provide details about how these actions have affected your safety and well-being.
• Find witnesses: If there were witnesses to any of the incidents, try to obtain their cooperation in testifying on your behalf. Eyewitness accounts can strengthen your case and provide additional credibility.
• Obtain legal representation: Consider hiring an experienced attorney who can guide you through the legal process, help you prepare your case, and represent you in court. They will be familiar with the local laws and procedures, increasing your chances of success.
• Dress and act appropriately: Presenting yourself professionally and respectfully in court can make a positive impression on the judge. Dress appropriately, speak clearly, and remain calm and composed throughout the proceedings.
• Present your case: During the hearing, present your evidence, call any witnesses you have, and articulate your reasons for needing the restraining order. Be clear and concise, focusing on the relevant facts and incidents that support your request.
• Address counterarguments: Be prepared for the other party to present their story. Listen carefully, respond calmly, and refute any false claims or inaccuracies with your evidence or witness testimonies.
• Follow court procedures: Familiarize yourself with the specific procedures and rules of the court where the hearing will take place. Adhere to these guidelines, as they vary from jurisdiction to jurisdiction.

Remember, the outcome of a restraining order hearing depends on the specific circumstances, evidence, and court judgment. It's crucial to consult with a Fairfield restraining order attorney to receive personalized advice and representation based on your situation.

How Our Restraining Order Attorney Can Help You

Here’s how we can help:

• Immediate Legal Guidance: We provide prompt advice as soon as you’re served with a restraining order. You’ll learn what you can and cannot do under the order, how to avoid violations, and what steps to take to begin building your defense.
• Thorough Investigation of the Claims: Our legal team will review the petitioner’s allegations, gather evidence in your favor, identify witnesses, and collect documentation such as texts, emails, or video recordings that dispute the claims made against you.
• Preparation for the Hearing: Restraining order hearings can be one-sided if you’re not prepared. We help you develop a strong defense, prepare your testimony, and question the petitioner’s credibility. We ensure your version of events is clearly presented and supported by evidence.
• Challenging False or Weak Allegations: We aggressively challenge protective orders based on false accusations, misunderstandings, or insufficient proof. If the petitioner’s claims lack credibility or legal grounds, we argue for the order to be denied or dismissed.
• Protecting Your Criminal Record and Reputation: Having a restraining order on your record can harm your employment, housing opportunities, and professional licensing. We work to resolve the matter with minimal impact on your future, and where possible, seek to have the case sealed or records expunged.
• Ongoing Legal Support: If you're also facing criminal charges related to the restraining order, we provide comprehensive criminal defense representation. If the order is already in place, we help you comply with its terms while exploring options to modify or terminate it when appropriate.

Contact Our Restraining Order Attorney in Fairfield Today

The consequences of a restraining order and the punishments for violating its terms can be severe. Individuals can find themselves in trouble with the law simply for being in the wrong place at the wrong time. If you have been the subject of an injunction, you need a trusted advisor in your corner who will work tirelessly to uphold your rights. Our Fairfield criminal defense attorneys have helped numerous clients free themselves from the burden of a restraining order, and when you need to protect your future, The Maher Law Group, APC is only a phone call away. Hire us today.

Contact The Maher Law Group, APC today to get started with our Fairfield restraining order lawyer.