What to Do if You Have Been Served with a Domestic Violence Restraining Order
Being served with a restraining order in California is far more than just an inconvenience. It is a legal order that should not be taken lightly. A restraining order can significantly impact your ability to live in your home, right to possess firearms, contact your children, and more. Understanding these consequences is of critical importance and afterward, you may not know what steps to take next. Below, our San Diego domestic violence defense lawyer explains what to do next.
Carefully Review the Entire Package
It is unlikely that you will be served one single form or court order. You will likely receive a package that contains many important documents. People often make the mistake of simply skimming these documents and they miss important details. This can result in unintentional violations. The temporary orders are effective immediately so read all documents carefully and slowly. You are expected to understand the restrictions you face as soon as you are served.
Mark Your Calendar with Deadlines and Your Hearing Date
The date of your hearing is one of the most important dates you will ever mark on your calendar. It typically occurs within 21 to 25 days after the temporary order is issued. Your hearing is the only opportunity you have to stop a temporary order from becoming long-term. You will likely not get a second chance to attend a hearing to argue your side. You should also take note of the deadline to file your written response. Ideally, this is at least five to seven days before your hearing.
Comply with the Order
Even if the allegations against you are false, it is still critical to comply with all conditions in the order. Do not contact the petitioner, even to explain your side of the story. The restrictions take effect immediately and a violation can result in your arrest, loss of custody rights, a permanent restraining order, and other consequences.
Collect All Evidence
Your defense will depend on the strong evidence you present so it is critical that you gather and preserve it as quickly as possible. Cases involving restraining order proceed quickly, and the judge will rely heavily on the documentation you present. Evidence may include:
- Screenshots
- Text messages
- Social media messages
- Emails
- Voicemails
- Call logs
- Photos, videos, and security footage
- Location data
- Names of witnesses and their statements
- GPS history and digital activity logs
- Past harassment, threats, or manipulation by the petitioner
If the above evidence can contradict the claims made by the petitioner, it can be very helpful to your case.
Contact Our Domestic Violence Defense Lawyer in San Diego
It is important that you do not make the mistake of thinking a simple explanation will clear up a misunderstanding or show your side of the story. At Anthony Z. Vargas, Esq., our San Diego domestic violence defense lawyers can help with the filing requirements, use evidence to build a strong defense for your case, and ensure your best interests are protected at all times. Call us today at 858-285-4595 or contact us online to schedule a consultation with our experienced attorney.
Source:
selfhelp.courts.ca.gov/DV-restraining-order
