In most cases, people file restraining orders with good reason, and only after experiencing significant pain, suffering, and perhaps even threats to their lives. On the other hand, there are times when restraining orders are filed without due cause, which can be a source of tremendous suffering for their intended targets. If you are ever served with such an order, you have the right to defend yourself. Here is what you need to know about restraining order defense in Temecula, CA.
What is a Restraining Order?
A restraining order is a court order that is intended to protect an individual or household from being physically or sexually abused, threatened, stalked, or harassed. They generally include three types of orders, depending on the exact circumstances at play.
First, there are personal conduct orders, which are intended to stop specific acts against the person or persons named as “protected persons” in the order. These acts could include:
- Contacting the protected persons
- Destroying personal property
- Disturbing the peace
- Attempting to cause any physical harm, e.g. attacking, striking or battering
Secondly, there are stay-away orders, which are there to keep the restrained person from going within a certain distance from the protected persons (50 or 100 yards, for example).
Finally, there may be provisions for residence exclusion. If the restrained person currently resides with the protected person(s), this order requires them to move out of the premises immediately, taking only clothing and personal belongings. These orders only apply in cases of domestic violence or dependent adult abuse cases.
What Can I Do To Defend Myself After Receiving a Restraining Order?
Being on the receiving end of a restraining order can have a devastating effect on your life and freedom. If you have been hit with a restraining order unfairly, it is essential to hire a restraining order defense lawyer to help you. Your attorney will help you prepare your case and aggressively assert your rights at the hearing. Once you receive a restraining order, you will have an opportunity to explain to a judge why it should not be issued against you. You can bring witnesses and cross-examine the person seeking the restraining order. It is vital to have an attorney on your side to prepare for, and carry out these actions on your behalf.
How to Hire an Attorney
If you have received a restraining order, contact an attorney immediately. All you need to do is book a consultation. Then, bring all the evidence you may have and explain the situation to your attorney. Based on your account of the case, we will then prepare your defense.
Westover Law is one of the leading family law firms in Southern California. Our experienced family law attorneys are equipped to handle most civil cases. We can help you with restraining order defense in Temecula, CA. Contact us today and book a consultation.