Tips on Defending a California Restraining Order Action
Restraining orders are commonly referred to as “RTO”s. Being served with a restraining order can be stressful, especially if it is a domestic violence restraining order. In California, there are a few different types of restraining orders such as civil harassment, domestic violence restraining orders, restraining orders involving elder abuse, workplace violence, emergency protective orders, and criminal protective orders. Each type of restraining order has various components of which the person who filed the restraining order has the “burden of proof” in order to obtain the restraining order, the duration of the restraining order, and the legal elements required to prove in order to obtain that restraining order. The following tips may help you successfully defend a California restraining order action.
Preparing for a Effective Defense for California RTO Action
The first essential preparation for an effective restraining order defense is to carefully review the allegations made against you order to determine if those allegations do or do not apply to each element required for the particular order of protection being requested.
What You Need to Bring to Court in California Restraining Order Actions
If you are defending against a restraining order, you have to keep in mind that the court doesn’t have all day to listen to your case and thus you must be prepared when you come into court. First, it is important that you prepare your evidence and bring them with you to court. You may bring declarations from other people that have personal knowledge of the facts that surround that basis of your restraining order, your own declaration, along with any photographs, videos, text messages, emails, or any other piece of evidence you intend to show to the court.
Criminal Case is Pending in Conjunction with RTO: Preserve Your Constitutional Right Against Self-Incrimination
If you are also facing criminal charges which stem from the matter of which is the basis for the restraining order, keep in mind of your Fifth Amendment right against self-incrimination. This means, if you testify during a restraining order trial, your testimony may and most likely will be used against you in the pending criminal case. Therefore, being mindful of the statements you make during court is very important.
The prosecutors can request the transcript of your testimony from the restraining order hearing from the court, which may aid them in building their case against you in the pending criminal case. If you are in a situation where you face both criminal charges and a restraining order action, it is imperative that you seek legal help in order to insure the best possible outcome, as these types of criminal matters become extremely tricky.
Restraining Order Proof of Service
Keep in mind that if the person that intends to file a restraining order against you, they are further legally obligated to have you personally served with the restraining order.
Hire a Los Angeles Restraining Order Attorney
It is always wise to consult with an experienced local attorney who has vast experience in defending against restraining orders to discuss your various options. In order to ensure you have the best possible outcome and an effective defense is to have an experienced restraining order lawyer handle your case for you. Your restraining order lawyer will prepare a solid defense and attempt to persuade the court that the allegations asserted by the other party do not fit the definition of abuse.
Defending Yourself in RTO Case When Other Side Represented By Attorney
Often times, defendants are not properly prepared for these type of hearings and almost immediately make damaging admissions that necessitate a restraining order be issued, even if the admitted activity was in fact innocent. Defending yourself against a restraining order can be difficult if all that you have are the statements made by the victim against your own word where there are no pictures or witnesses to support your side of the story. Further, if the person who filed the restraining order against you is represented by an attorney, it is even more imperative for you consider hiring a restraining order attorney immediately, as opposed to defending yourself
If you were served with an restraining order or temporary restraining order, our knowledgeable restraining order attorney in Los Angeles, CA with Kaass Law can help defend you. We are highly dedicating to serving the needs of all our clients. Call us at (310) 943-1171, 24 hours a day, 7 days a week for a free consultation tailored to the specifics of your case, our attorneys speak English, French, Spanish, Russian, Armenian, and Italian. You may also get directions to our law firm on Google Maps fast and easy.