Restraining OrdersResults-Driven Strategies to Protect Your Rights
Fairfield Criminal Defense Lawyer
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.
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 to keep a temporary injunction from turning into a permanent restraining order.
Request a confidential case evaluation with our firm and learn about your legal options.
Fighting 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 to defend against exaggerated claims, misremembered events, and outright false accusations.
Permanent and temporary injunctions will typically contain multiple orders which detail the restrictions that you are to follow. Until the time that 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.
Get Started on Your Defense – Call (888) 744-3057
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.
Questions about how to overcome a restraining order? Do not hesitate to contact our firm.