Peter M. Liss is an experienced Vista restraining order attorney who can help those who need protection and those who have been accused of breaking the law. He most commonly works with those involving either civil harassment or domestic violence.
Civil harassment restraining orders typically are invoked by neighbors and former friends who feel they are being harassed or who have been attacked physically. Harassment can come in many forms, including threats, uninvited visits to the victim’s property or annoying phone calls. In order to get a restraining order of this type, the victim must have clear and convincing evidence.
Domestic violence restraining orders are issued for similar reasons, but these cases involve spouses, children or persons in a romantic relationship. The standard for obtaining these types of restraining orders is much lower.
When someone wants a restraining order, they must go to a judge ex parte, meaning without notification to the other party. Their petition for a temporary restraining order must contain facts detailing the acts of violence or harassment. If the judge grants the temporary order, he will then set up a hearing to discuss whether the restraining order should become permanent. The person accused will then be served with notice of the order and of the impending hearing.
At the hearing, either party may call witnesses and while you have the right to hire a lawyer, they are not considered mandatory, so you have no right to a court appointed attorney. Whether you need to get a protection order or to defend yourself against a one, a Vista restraining order lawyer can help ensure your rights are protected throughout the hearing process.
Basic rules of evidence apply and Peter M. Liss will help you keep any evidence out of the hearing if it does not comply with the law. If you win your case, the judge might even order the other party to pay your legal fees.
Having a restraining order against you can be a serious problem. You will no longer be able to possess firearms and the order will show up on background checks, which could harm your ability to get a job or to rent a new home. If you violate the order, you will be subject to criminal prosecution.
If you have been the victim of abuse or harassment, getting a restraining order can help protect you from further contact with the person doing you harm. If the other person violates the order, you can have them arrested and prosecuted for their actions.
If you need any more clarification regarding restraining orders, please call (760) 643-4050.
Creative Commons Image by Seth W.