Restraining Orders Can Turn Your Life Upside Down—Here’s How to Protect Yourself
If you’ve been served with a restraining order in a domestic violence case, it’s easy to feel overwhelmed. A restraining order can prevent you from seeing your loved ones, entering your own home, or continuing life as usual. But don’t panic—understanding how restraining orders work is the first step toward protecting your rights. As a seasoned criminal defense attorney, I’ve guided countless individuals through these complex situations. In this guide, I’ll break down everything you need to know about restraining orders in domestic violence cases and show you how to defend yourself effectively.
What Is a Restraining Order and Why Is It Issued?
The Purpose of a Restraining Order
A restraining order is a court order that restricts or prohibits contact between individuals, typically to prevent further harm in cases of alleged abuse. In domestic violence cases, restraining orders are often requested by alleged victims to ensure their safety.
Why Restraining Orders Are Common in Domestic Violence Cases
Domestic violence cases are emotionally charged, and courts often err on the side of caution. Even a false accusation can lead to the issuance of a restraining order, which is why it’s critical to understand the process and protect your rights.
Types of Restraining Orders in California Domestic Violence Cases
Emergency Protective Orders (EPO)
An Emergency Protective Order is issued by law enforcement, typically at the time of arrest, and lasts for 5-7 days. Its purpose is to provide immediate protection while giving the alleged victim time to seek a more permanent order.
Temporary Restraining Orders (TRO)
A Temporary Restraining Order can last for 20-25 days and is often issued after the initial EPO expires. The TRO is typically granted at a court hearing where both parties can present their case.
Permanent Restraining Orders
A Permanent Restraining Order may be issued following a full court hearing and can last up to five years. This type of order is typically more restrictive and may include conditions like no contact orders or stay-away orders.
Criminal Protective Orders (CPO)
Issued in criminal domestic violence cases, a Criminal Protective Order is meant to protect the alleged victim throughout the criminal proceedings and can last until the end of the case.
How Restraining Orders Affect Your Rights
Impact on Your Home and Family
A restraining order may force you to leave your home, prohibit you from contacting family members, and even limit your access to your children. Understanding these restrictions is vital to avoid additional charges for violating the order.
Consequences of Violating a Restraining Order
Violating a restraining order, even unintentionally, can result in serious criminal penalties, including jail time, fines, and a permanent criminal record. That’s why it’s critical to fully comply with the terms of the order.
Defending Yourself Against a Restraining Order
Challenging the Evidence
To successfully defend yourself against a restraining order, your attorney will challenge the evidence presented by the accuser. This may include questioning the credibility of their testimony or showing inconsistencies in their claims.
Presenting Your Own Evidence
It’s important to present evidence of your own that contradicts the claims of the alleged victim. This might include text messages, emails, or witness testimony that disproves the accusations.
Proving False Allegations
In many domestic violence cases, false accusations are made out of revenge or to gain leverage in divorce or custody proceedings. Your attorney will investigate whether there’s any motive behind the accusations and work to prove that the claims are fabricated.
What Happens During a Restraining Order Hearing
Preparing for the Hearing
Before the court hearing, your attorney will help you gather evidence, prepare your testimony, and develop a strategy to show why the restraining order is unnecessary or unjustified.
Presenting Your Defense in Court
At the hearing, both sides will present their case. Your lawyer will cross-examine the accuser and challenge any weak or inconsistent evidence. It’s essential to stay calm and professional during the hearing to demonstrate that you are not a threat.
How a Restraining Order Can Impact Your Criminal Case
The Relationship Between Restraining Orders and Criminal Charges
If you’ve been charged with domestic violence, the restraining order may play a significant role in your criminal case. Violating the restraining order could lead to additional charges and harm your defense strategy.
Protecting Your Rights Throughout the Process
Your attorney will ensure that your rights are protected and that the restraining order is not used as a tool to unfairly penalize you in your criminal case. It’s essential to follow the terms of the order while we work to resolve the case.
How to Get a Restraining Order Lifted or Modified
Requesting a Modification
In some cases, it may be possible to request a modification to the restraining order. This might include altering the terms to allow limited contact with your children or reducing the distance you must keep from your home.
Seeking to Have the Order Dismissed
If there is insufficient evidence to justify the restraining order, or if it was based on false allegations, your attorney can file a motion to have the restraining order lifted or dismissed.
Defend Your Rights Against Unjust Restraining Orders
Being served with a restraining order in a domestic violence case can feel like the deck is stacked against you, but you don’t have to face this alone. At Kersey Law, we understand the devastating impact restraining orders can have on your life and your future. With our experience in criminal defense, we’ll help you build a strong case, challenge false accusations, and protect your rights every step of the way. Contact us today for a confidential consultation to start building your defense.
