Defending a Restraining Order in San Diego
If someone files a restraining order against you, it will have a significant impact on your life. Restraining orders limit your freedom while also impacting your professional and personal relationships. In San Diego, as throughout the rest of California, there are different types of restraining orders and each has their own criteria and consequences. Below, our San Diego domestic violence defense lawyer explains in further detail.
Types of Restraining Orders in San Diego
There are many different types of restraining orders in San Diego. The most common of these include:
- Civil harassment: A civil harassment order is used when the alleged offender is not a close relative of the alleged victim, such as a neighbor or a roommate. This type of restraining order offers protection from threats, harassment, and stalking.
- Domestic violence: A restraining order against someone who has a close personal relationship with the alleged victim is a domestic violence order. These restraining orders are meant to protect from harm and harassment.
Elder abuse and workplace violence restraining orders are other types that are obtained from the courts. The above two are, however, the most common.
Strategies for Defending Restraining Orders
Learning that a restraining order has been filed against you is very stressful. Fortunately, there are several defenses available in these cases. They include:
- False accusations: If you can show that the accusations against you are exaggerated or fabricated, you can challenge the order. You typically must question the credibility of the accuser and analyze their statements to determine if they are inconsistent. Highlighting these discrepancies can call the truth of the accusation into question.
- Insufficient evidence: If your accuser cannot provide adequate evidence of harassment, abuse, or threats, the restraining order filed against you may be dismissed by the court.
- Present evidence proving your defense: It is important to document where you were at the time of the alleged abuse with receipt, timestamps, and testimony from credible witnesses. This evidence can greatly support the fact that you did nothing wrong and challenge the claims made by your accuser. Offer tangible proof that contradicts your accuser’s narrative. Other evidence can include text messages or emails that show the true nature of your interactions or relationship. Videos, pictures, and other documentation can also reinforce your arguments by dismantling your accuser’s claims.
- Miscommunications and misunderstandings: There are times when words or actions are misinterpreted as being abusive or threatening. If you can clarify the context and provide clear, factual information, it can invalidate the restraining order.
Our Domestic Violence Defense Lawyer in San Diego Can Fight Back Against Your Restraining Order
If someone has obtained a restraining order against you, it is important to get legal advice from a San Diego domestic violence defense lawyer. At Anthony Z. Vargas, Esq., our experienced attorney knows how to defend against these orders to preserve your relationships and your freedom. Call us today at 858-285-4595 or contact us online to schedule a consultation with our experienced attorney and to get the legal defense you need.
Source:
selfhelp.courts.ca.gov/restraining-orders
