Has someone you loved accused you of domestic violence? If so, they may also request a restraining order against you. San Diego criminal attorney Peter M. Liss can help you fight a restraining order, but it helps if you understand the process before the restraining order actually goes to court.
First off, there are two different kinds of restraining orders. Domestic violence restraining orders are issued to protect spouses, children and romantic 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 San Diego defense attorney can help you fight either type of restraining order.
When someone is ready to get a restraining order, they go to a judge ex parte, which means the other party will not be notified. The petition for a temporary restraining order will state what actions the other party has taken. 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.
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 a San Diego criminal 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.
San Diego 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 never 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 San Diego criminal 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 San Diego lawyer to negotiate a resolution which doesn’t require a permanent restraining order to be placed against you.
Aside from the obvious problems with having a restraining order placed against you, 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 San Diego criminal lawyer like Peter M. Liss as soon as possible. Please schedule a free initial consultation by calling (760) 643-4050 or (858) 486-3024.
Creative Commons Image by It’sGreg