Under California law, a judge has the power to issue an order of protection, or a restraining order, against someone accused of civil harassment. A restraining order is an order from the court requiring the respondent to stay away from the petitioner. We defend against the various types of restraining orders available, including domestic violence and civil harassment orders. We are available to work with you regardless of what step you are in the process.
Facing a restraining order against you can be a daunting process to navigate alone. Once a petitioner files a restraining order against you, the judge decides whether there is enough evidence to grant a temporary restraining order, which can last up to 21 days. A hearing will be scheduled, during which the judge will decide whether or not to grant a permanent restraining order.
Our defense responds to the petition prior to the hearing so that the judge can hear your side of the story prior to the scheduled hearing. We work tirelessly to prepare the evidence, coach you through the testimonial process, and build a strong defense that ensures against vague generalizations of harassment and abuse.
It is particularly important to seek help from a lawyer if your restraining order hearing is related to an ongoing criminal investigation. With extensive criminal defense experience, we can make sure that you know your rights and protect you from implicating yourself in responding to the restraining order. It is important you understand that any verbal or written statements expressed during the restraining order process can be used against you in any criminal case. It is important to get quality representation from the very beginning to help preserve your right against self-incrimination.
A restraining order against you has myriad consequences. It can lead to a three to five year ban from particular individuals and locations. It shows up on your public record and can have negative consequences for employment opportunities. A restraining order against you eliminates your Second Amendment right to own a firearm and can have monumental impact in child custody issues.
Our defense team is equipped to help you from start to finish. We will defend you zealously in your case. If a restraining order is granted against you, we will negotiate the conditions of restraint for the best possible outcome. We will ensure that you understand the parameters of the restraining order so that you do not violate the terms which could result in jail time or monetary fines.