Peter M. Liss is an experienced San Diego restraining order attorney who can help those who have been accused of breaking the law. He most commonly works with cases involving either civil harassment or domestic violence. If you want to know how to fight a restraining order in California, please schedule a free initial consultation to discuss your case.
Civil Harassment Restraining Orders
Civil harassment restraining orders typically are invoked by neighbors and former friends who feel they are being harassed or who have been attacked physically. They can also be obtained by persons who live far away from the person harassing them if the abuse happens online. 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, which can be challenged by your San Diego restraining order attorney.
Domestic Violence Restraining Orders
Domestic violence restraining orders, also called “protective orders” or “stay away orders,” are issued for similar reasons, but these cases involve spouses, children or persons who currently are in or previously were in a romantic or sexual relationship. The standard for obtaining these types of restraining orders is much lower although your San Diego restraining order attorney can still present evidence on your behalf to fight a restraining order in California.
The Restraining Order Process
If you have been arrested for domestic violence, the alleged victim will automatically be issued an emergency stay away order, which is only good for seven days. When someone wants a new restraining order or wants to extend the protection of their emergency restraining order, the process begins when they 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 alleged 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. While you cannot fight the temporary restraining order, you can fight a permanent stay away order with the help of your San Diego restraining order attorney.
At the hearing for a permanent restraining order, 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 defend yourself against a stay away order, a San Diego restraining order attorney can help ensure your rights are protected throughout the hearing process. If you win your case, the judge might even order the other party to pay your legal fees.
Basic rules of evidence apply during these hearings and Peter M. Liss will help you keep any evidence out of the hearing if it does not comply with the law for reasons related to illegal search and seizure or irrelevance to the case.
Having a Restraining Order Against You
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, get a loan or to rent a new home. Permanent restraining orders last for up to three years and they can be extended.
If you violate the restraining order, you will be subject to criminal prosecution and could face up to a year in jail. You could also be forced to attend counseling sessions, pay restitution to the victim and even make payments to a battered women’s shelter. Violating a restraining order more than once or physically harming the person protected by a restraining order could even leave you facing felony charges punishable by more than one year in prison. This is why it is so important to always fight restraining orders with the help of a top San Diego restraining order attorney.
If you need any more clarification regarding restraining orders, please call (760) 643-4050 to schedule a free initial consultation with top San Diego restraining order attorney Peter M. Liss.
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