Has someone you know, or even love, accused you of domestic violence? If so, they may also request a restraining order, also known as a “protective order” or “stay away order” against you. Criminal attorney Peter M. Liss can help you fight a restraining order, but it helps if you understand the process of filing a restraining order in San Diego before the case actually goes to court.
The Two Types of Restraining Orders in California
First off, there are two different kinds of restraining orders that can be filed in San Diego. Domestic violence restraining orders are issued to protect spouses, children and romantic/sexual partners from violence or harassment, while civil harassment restraining orders can be issued to anyone regardless of their relationship to the person accused of wrongdoing. A lawyer can help you fight either type of restraining order.
How to File for a Restraining Order in San Diego: The First Step
If someone is arrested during a domestic violence dispute, the victim will usually be issued an emergency stay away order that lasts seven days. When someone is ready to file for a new restraining order or extend the emergency restraining order, they must go to a judge ex parte, which means the other party will not be notified. When filing a restraining order in San Diego, the petition for a temporary restraining order will state what actions the other party has taken against the alleged victim. Violence and harassment can both be used as reasons for a restraining order, and harassment can come in a number of forms, from threats and stalking to annoying phone calls. In cases involving civil harassment, the petitioner must have clear and convincing evidence, but the standard is much lower in domestic violence cases.
Filing a Restraining Order in San Diego: The Permanent Order Hearing
While you will not be notified during the initial hearing, if the judge grants a temporary order, he will then schedule a hearing to discuss whether or not the order should become permanent. At this point, you will be served with a notice of the restraining order and of the upcoming hearing. When you receive this paperwork, you should contact an attorney as soon as possible. Even if you think there must be a misunderstanding, never approach the person who sought out the order or you may be arrested for violating a restraining order.
You Can Fight the Permanent Restraining Order
Defense lawyers are not mandatory at the hearing, but they can greatly improve your chances of successfully fighting a restraining order. Because they are not mandatory though, you will not be issued a court appointed attorney to defend you. In many cases, winning your case can result in the other party being ordered to pay your legal fees.
Your attorney can also help defend your rights. In these hearings, basic rules of evidence apply, which means that any evidence that does not comply with the law cannot be admitted. There also may be an opportunity for an experienced lawyer to negotiate a resolution which doesn’t require filing a restraining order in San Diego against you long term.
Consequences of a Stay Away Order
Aside from the obvious problems with someone filing a restraining order against you in San Diego, if a permanent order is issued, you will also no longer be able to possess firearms and having a restraining order on your criminal background check could harm your chances of getting a new job or renting a new home. And, of course, if you violate the order, you can be prosecuted.
If you have received notice of a temporary restraining order, it is critical you contact a top domestic violence defense lawyer like Peter M. Liss as soon as possible. Please schedule a free initial consultation by calling (760) 643-4050 or (858) 486-3024.
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