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Fighting a Restraining Order

According to the most recent statistics available, an estimated 2 to 3 million temporary restraining orders are issued in the United States every year. A person seeking protection against legitimate threats including domestic violence, sexual harassment, sexual assault, battery, or assault, can file a restraining order. A restraining order may also be contested if the other person believes that the protection order was filed unfairly. If you’re trying to fight a protection order filed against you unjustly, it is important that you retain a knowledgeable California restraining orders attorney immediately to protect your rights.

For more than 25 years, I have been providing comprehensive legal representation to clients in criminal cases and restraining order matters. I’m available to review the circumstances surrounding your unique situation, explore your available legal options, and strategize an effective defense for the best possible outcome in your case. As your legal counsel, I can offer you the experienced legal guidance and advocacy you need to fight your restraining order.

At the Alec Rose Law Office, I proudly represent clients throughout Santa Barbara, Orange, Ventura, Santa Ana, San Diego, and other surrounding communities of Los Angeles, California.

Types of Restraining
Orders in California

A restraining order or protective order is a court order that is often issued to protect someone facing legitimate threats from being sexually or physically abused, harassed, threatened, or stalked. The different types of restraining orders in California include:

  • Domestic Violence: A domestic violence restraining order is a court order that is issued to protect a person from abuse or threats of abuse from someone with whom they have a close relationship.

  • Elder Abuse: An elder abuse restraining order is a court order that is issued to protect an adult 65 years of age or older or a person between 18 and 64 years of age with mental or physical disabilities from physical abuse, financial abuse, neglect, or abandonment.

  • Civil Harassment: A civil harassment restraining order is a court order that is issued to protect someone from being abused, stalked, harassed, or threatened by someone with no close relationship. Such a person can be a neighbor, roommate, cousin, uncle, aunt, nephew, or niece.

  • Workplace Violence: A workplace violence restraining order is a court order that is issued to protect an employee who has suffered serious harassment, stalking, violence, or a real threat of violence at the workplace. Only the employer can seek a workplace violence restraining order on behalf of the employee.

Why You Should Fight
a Restraining Order

Having a restraining order on your record can have serious, long-term consequences. For example, a protective order can:

  • Appear on your criminal record

  • Appear on public record

  • Cause you to be denied employment opportunities

  • Cause you to be denied housing

  • Prevent you from being able to purchase a firearm

  • Prevent you from being able to join the military

  • Prevent you from doing certain things or visiting certain places

  • Affect your immigration status

However, by fighting your restraining order, you can increase your chances of being allowed to live a more independent life.

Fighting the Restraining Order

If you have been served with a restraining order, you can fight the order by taking the following steps:

File a Response

Filing a response to the restraining order provides you with an opportunity to tell your side of the story to the court. Likewise, you can demonstrate why you did not and do not pose any threat of violence or harassment to the protected person (complaining party). A knowledgeable attorney can help review your response before filing and ensure that your statements and answers are in your best interests.

Challenge It at the Hearing

Furthermore, you can challenge the protective order and tell your own side of the story at the hearing. During the hearing, a California court will review the circumstances of your case and determine whether or not to grant the temporary restraining order. Ensure that you remain calm and follow your attorney’s guidance closely.

Appeal

Despite your best efforts to fight the temporary restraining order, the presiding judge may still impose a permanent restraining order. An experienced attorney can help file an appeal to a higher court to modify, dissolve, or vacate the order.

Work with an Experienced Attorney

Trying to fight a temporary restraining order by yourself can easily lead to the judge imposing a permanent restraining order. Unfortunately, a protective order can lead to several other legal battles with devastating, long-lasting ramifications. Therefore, when fighting a protective order, it is important to work with an experienced attorney for detailed guidance and strong representation.

At the Alec Rose Law Office, I have devoted my career to helping clients fight restraining orders that were filed against them unjustly. As your legal counsel, I will review the facts of your situation, explore your available legal options, and craft an effective defense in pursuit of a favorable outcome in your case. I can offer you the comprehensive guidance and advocacy you need to oppose the unjust protective order filed against you.

Contact my firm — the Alec Rose Law Office — today to schedule a free one-on-one consultation. I’m proud to represent clients throughout Santa Barbara, Orange, Ventura, Santa Ana, San Diego, and Los Angeles, California. Reach out today to get the help you need.