Restraining orders can significantly impact your life. They limit your freedom, and they can affect your personal and professional relationships. In California, there are several types of restraining orders, each with specific criteria and consequences.
Types of Restraining Orders in California
In California, there are four primary types of restraining orders. Each addresses specific situations and offers varying levels of protection.
These four types are:
- Civil Harassment Restraining Order
This type is used when the abuser is not closely related to the victim. It applies to people such as neighbors or roommates. It protects against stalking, harassment, or threats. - Domestic Violence Restraining Order
This order applies to allegations of abuse or threats by someone close, such as a spouse, cohabitant, or relative. It aims to protect the alleged victim from harm or harassment. - Workplace Violence Restraining Order
Employers seek this to protect employees from violence or threats at work. It includes measures to secure the safety of the workplace and the employee. - Elder or Dependent Adult Abuse Restraining Order
This order safeguards seniors (aged 65 or older) and dependent adults (18 – 64 years with certain disabilities) from physical abuse, neglect, or financial exploitation.
Temporary vs. Permanent Orders
You can defend against a permanent restraining order, but a temporary restraining order (TRO) has limitations. Authorities issue these orders quickly. The orders provide immediate protection, and the accused often is not present at the hearing.
Because of this expedited process, you generally cannot mount a defense against a TRO. You can, however, fight a permanent order. You and your attorney should focus your efforts on the permanent order hearing.
Legal Strategies for Fighting a Restraining Order
Here are some key defenses you can use to contest a restraining order in court.
- Claim False Allegations
If you can demonstrate that the claims made against you are fabricated or exaggerated, you could counter the order. Start by questioning the credibility of your accuser. Scrutinize their statements for inconsistencies. Also, search for motives that could suggest fabrication or exaggeration. Highlight these discrepancies in court to cast doubt on the allegation’s truth. - Claim a Lack of Evidence
If the petitioner cannot provide sufficient proof of abuse, harassment, or threats, the court may dismiss the restraining order. - Present Counter Evidence
Document your whereabouts during the alleged incidents with timestamps, receipts, and credible witness testimonies. This evidence can strongly support your innocence and challenge the petitioner's claims.
Provide tangible proof that contradicts the petitioner's narrative. Such evidence can include emails or text messages that reveal the true nature of your relationship and interactions. Photographs, videos, and other documentation can further dismantle the accuser's claims and reinforce your defense. - Claim Misunderstandings or Miscommunications
Sometimes, actions or words are misinterpreted as threatening or abusive. By clarifying the context and providing clear, factual information, you could invalidate the restraining order.
Legal Process for Contesting a Restraining Order
Responding to the TRO (Temporary Restraining Order)
When served with a TRO, act immediately. Start by reading the order carefully to understand the specific allegations and restrictions. Then, contact an attorney to help you deal with any legal fallout from the order.
Responding to a Permanent Order
If the accuser moves on to a permanent order, you will receive notice of the hearing date. This is your opportunity to contest the order. File a response with the court before the deadline, providing your side of the story and any preliminary evidence that counters the claims made against you. Your lawyer can help with this step.
Gathering Evidence and Building Your Case
This step involves demonstrating that the allegations are untrue, exaggerated, or misinterpreted. Evidence can include electronic communications, photographs, videos, or any tangible proof that counters the claims. Consistency and clarity are key when presenting this evidence.
Collect relevant documents and records that can substantiate your case. Such documentation may include emails, text messages, call logs, social media interactions, and other communications that demonstrate your perspective. Financial records, medical records, or any other pertinent documents can offer additional proof to invalidate the allegations.
Witnesses can play a crucial role in your defense. Identify individuals who can attest to your character or provide firsthand accounts that contradict the petitioner's claims. Obtain written statements from these witnesses. Whenever possible, arrange for them to testify during the hearing. Reliable witness statements can significantly strengthen your case.
Court Hearing Procedures
Attend the court hearing prepared to present your evidence and witness statements clearly and confidently. Study the court procedures and strictly adhere to them. Be respectful and composed throughout the proceedings. Address the judge directly, presenting facts and evidence succinctly. A solid defense, backed by credible evidence and witness testimony, can tilt the judgment in your favor.
Potential Outcomes and Next Steps
Possibility of Dismissal
If you successfully present a robust defense, the court may dismiss the restraining order. This outcome clears your record of the order's implications and restores your freedom.
Modifying the Terms of the Order
In some cases, the court may not dismiss the restraining order, but you can request modifications to its terms. You can submit a formal request to the court, outlining aspects of the order that are unreasonable or overly restrictive. Provide solid reasons and supporting evidence to justify these changes.
Filing an Appeal
If the court upholds the restraining order, and you believe this decision is unjust, you can file an appeal. Work with your attorney to prepare a detailed account of procedural errors or legal misinterpretations that affected the ruling. An appeal can contest the decision, possibly leading to the order’s reversal.
Benefits of Hiring an Attorney
Hiring an attorney helps ensure that you receive guidance, a strong legal strategy, and a thorough understanding of court procedures. Lawyers provide invaluable assistance in gathering evidence, preparing a compelling defense, and effectively representing you in court. Their experience can significantly increase your chances of a favorable outcome.
If you are facing an unfair restraining order, Burch Shepard Family Law Group is here to help. You can schedule time with our team by contacting us online or calling our office at (949) 565-4158.