What is a Contested Restraining Order in California?
Let's say that you requested a restraining order against someone alleging domestic violence, stalking, harassment, assault, or sexual assault, just to mention some examples, and the Judge granted your restraining order, also known as protective order based on the information you provided in your petition. Before continuing it is crucial to clarify that this makes you the petitioner and the person who is facing the restraining order is the respondent.
Now let's suppose that the judge did not hear from the person you got the restraining order against (the Respondent). This can be enough evidence to consider that the Respondent disagrees with the information you gave or disagrees with any part of the order, which makes this a Contested Restraining Order, And he or she has the right to a hearing in front of a judge.
Contesting Restraining Order in California
As a respondent, facing a restraining order issued against you in California can be a very complex situation. For example, if you have custody of your kids it may cause you to give up child custody temporarily or for a long period of time depending on the case. Sometimes a restraining order can be used by the person as a leverage to gain advantage and get benefits in a divorce case. A restraining order based on false allegations and fake facts, should be addressed and contested immediately in the court in order to get the best chance possible to fight and change a decision made on court based on injustice or unlawful acts.
After being served with a restraining order is important to keep calm and to know your legal rights according to the case, as well as followed by consulting with an experienced criminal defense attorney to determine the best course of action.
There are 5 different types of restraining orders that a court may issue in California:
- Restraining Orders for Domestic Violence Crime in California
- Harassment Restraining Orders
- Adult and elderly abuse Restraining Orders
- Violence at workplace Restraining Orders
- Violence of Firearm and gun control Restraining Orders
If you have been served with a notice in the state of California that someone has filed a request for a protective order against you in any matter. One of the first questions that may come up is if you should or not contest the restraining order? The answer to this question is yes. Yes, you can contest or challenge a restraining or protective order that is based on false accusations or fake facts.
Defense attorney to contest a restraining order in California
If a restraining order or a protective order has been filed against you or someone close to you, and you think that the decision was based on false accusations or fake facts, getting in touch with an experienced criminal defense attorney is the best course of action. With more than 40 years of experience, the Law Office of Raoul Severo is at your disposal for a free of charge assessment of your case.
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