Restraining Order Defense Attorneys
If you have been served with a domestic violence restraining order (DV TRO) or Temporary Restraining Order (TRO), it is crucial that you secure the best restraining order defense attorney to protect your legal rights. Restraining Orders are court orders executed by a Superior Court judge or commissioner that prevents people from contacting, or being physically near the other party. Failure to obey a restraining order can result in civil and criminal penalties.
Domestic Violence Restraining Orders – This type of restraining order is issued in front of a Family Court judge. The standard of proof for a Domestic Violence restraining order is lower than a Civil Harassment order. Attorneys are permitted on both sides to present evidence, cross examine witnesses, and give oral arguments during the hearing. In order to secure a domestic violence restraining order, there must have been some sort of relationship between the alleged victim and the defendant. For example, a marriage, dating relationship, parents of the same child, or people living together. Losing a domestic violence restraining order can affect the custody of your children.
Civil Harassment Restraining Order – This type of restraining order is available for people who do not have a domestic relationship (such as neighbors, co-workers, or anyone else who claims to have been harassed). The standard of proof of these types of cases is higher than Domestic Violence cases and are granted if the petitioner can prove actual violence, credible threats of violence, or conduct that would inflict severe emotional harm to a reasonable person. Attorneys for both sides are permitted to argue their case at this type of hearing.
Civil Harassment TROs are governed by California Code of Civil Procedure 527.6.
CCP 527.6 Injunctions to prevent harassment; Possession of firearm by person subject to protective order
(a) A person who has suffered harassment as defined in subdivision (b) may seek a temporary restraining order and an injunction prohibiting harassment as provided in this section.
(b) For the purposes of this section, “harassment” is unlawful violence, a credible threat of violence, or a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses the person, and that serves no legitimate purpose. The course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial emotional distress to the plaintiff. As used in this subdivision:
(1) “Unlawful violence” is any assault or battery, or stalking as prohibited in Section 646.9 of the Penal Code, but shall not include lawful acts of self-defense or defense of others.
(2) “Credible threat of violence” is a knowing and willful statement or course of conduct that would place a reasonable person in fear for his or her safety, or the safety of his or her immediate family, and that serves no legitimate purpose.
(3) “Course of conduct” is a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose, including following or stalking an individual, making harassing telephone calls to an individual, or sending harassing correspondence to an individual by any means, including, but not limited to, the use of public or private mails, interoffice mail, fax, or computer e-mail. Constitutionally protected activity is not included within the meaning of “course of conduct.”
Domestic violence requests under Family Code 6320 are filed on a court form (DV-100). If the client is seeking emergency custody of children, we file form DV-105 – Request for Child Custody and Visitation Orders. If there is a threat to remove the children from the jurisdiction, we attach form DV-108, which if ordered, prevents the defendant from leaving with the children.
On a domestic violence restraining order request, the judge will either grant or deny the application for a restraining order on the same day the application is submitted under Family Code 6326. The hearing for a permanent order will be scheduled for a hearing within 21 days from the date the temporary order is signed. The petitioner/plaintiff must serve the respondent/defendant at least five days before the hearing date
The hearing is conducted pursuant to the California Evidence Code like any other trial. The parties will be held to the same standard as litigation attorneys. Objections to evidence (authentication, foundation, improper opinion, hearsay, etc.) will be ruled on according to the law.
Our Restraining Order Defense Attorneys Can Work With Your Divorce Attorney
Often times, people file a restraining order to get the upper hand in a divorce case. Also, many divorce lawyers do not have the requisite experience or temperament to handle a Restraining Order case.
Our order defense attorneys are available to help.
Trained lawyers, such as the lawyers at the Bay Area Law Center, are experienced in court trials involving restraining orders, Our attorneys understand how to properly present your case, and get your evidence introduced at trial. It is especially important to secure an attorney if the other party is represented. A good attorney knows how to make the proper evidence objections, and how to properly examine a witness. Even a marginally trained litigator can effectively stop an otherwise meritorious case.
It is important to hire an attorney quickly in order to be prepared for the court date.
Call 408-816-2311 today to talk to an attorney about your case.