Riverside Restraining Order Attorney
Restraining Order Petitions in California
If you have been named in a restraining order petition, consult with a Riverside restraining order lawyer at once regarding your rights. A competent attorney can explain restraining order laws and discuss how the petition can be challenged. Restraining orders are issued to prohibit a person from contact or communicating with another individual, this includes emails, phone calls and letters, as well as verbal communication. It is a legal remedy that is often used to prevent domestic violence in cases involving spouses, ex-spouses, co-habitants, domestic partners, and people involved in intimate relationships.
Types of Restraining Orders in California
There are various types of restraining orders and protective orders that can be requested depending on the circumstances of the case, including:
- Domestic Violence Restraining Order - Used to prevent contact or communication between two parties involved in a domestic violence case.
- Emergency Protective Order - Issued by law enforcement for 5 days on an emergency basis in domestic abuse cases.
- Criminal Protective Order - Issued by the District Attorney's Office in domestic violence cases.
After a petition for a Domestic Restraining Order has been filed, a temporary restraining order will usually be issued on an immediate basis. A hearing will be held a few weeks later to determine if the order will be permanent for a period of one to three years.
When Are Restraining Orders Issued?
Restraining orders are frequently issued in domestic violence cases to prevent a person from contacting or communicating with a family or household member. This can include emails, letters, phone calls, driving by the petitioner’s house or visiting their place of employment. Restraining orders can be issued in cases involving spouses, ex-spouses, domestic partners, cohabitants, and people involved in an intimate relationship.
When a restraining order is violated, it can result in a misdemeanor or felony criminal charge.
Penalties in an order violation case may include:
- Jail time
- Court-ordered counseling
- Contempt of court
As a defendant in a restraining order hearing, the stakes are high. A restraining order can have severe consequences for your personal and professional life and your reputation. Therefore, taking the hearing seriously and preparing your case carefully is essential. Here are some tips on how to win a restraining order hearing as the defendant:
- Understand the allegations against you: Make sure you fully understand the claims made against you in the restraining order. Take the time to review the documents and evidence presented by the plaintiff carefully. If you need help understanding something, feel free to ask for clarification.
- Hire an experienced attorney: Restraining order hearings can be complex and emotionally charged. It's important to have an experienced attorney who can guide you through the process and present your case effectively.
- Gather evidence: Collect evidence that supports your case and contradicts the allegations made against you. This may include witness statements, photographs, text messages, emails, and other documentation that can help prove your innocence or discredit the plaintiff's claims.
- Be prepared to testify: If you have relevant information that can help your case, be prepared to testify at the hearing. Ensure you know your testimony and have practiced answering potential questions.
- Show that the allegations are false or exaggerated: The plaintiff must prove that the accusations against you are true. You can convince the judge to deny the restraining order if you show that the allegations are false or exaggerated.
- Demonstrate that the plaintiff is not in danger: The purpose of a restraining order is to protect the plaintiff from harm. If you can demonstrate that the plaintiff is not in danger or that you have taken steps to ensure their safety, you may persuade the judge to deny the restraining order.
- Show that the restraining order would cause you undue hardship: If the restraining order would cause you undue hardship, such as interfering with your ability to work or care for your family, you may be able to convince the judge to deny the restraining order.
In conclusion, winning a restraining order hearing as the defendant can be challenging, but it's not impossible. By taking the hearing seriously, gathering evidence, hiring an experienced attorney, and presenting a solid case, you may persuade the judge to deny the restraining order.
Contact Our Riverside Restraining Order Lawyer Today
Law Offices of Grech & Packer is highly skilled in domestic violence defense and can provide the competent legal counsel you will need when challenging a restraining order petition. We can skillfully represent you at the restraining order hearing and confidently dispute the petition's validity. We understand the emotional toll such a charge can bring to a family and will work closely with you to overcome your difficulties.
Our firm will stand up for your rights if you have been charged with an order violation. Our firm’s founding attorney is a Certified Specialist in Criminal Law by the State Bar of California and can be relied on to provide the skilled legal assistance needed throughout your case. With deep compassion for the situation you are facing, our legal team will work closely with you throughout the process.
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