Judges in California and throughout the country may issue restraining orders to protect abuse victims. Those who believe that they should not be subject to a restraining order may appeal a judge’s decision. The first step in the process is for an individual to file paperwork informing the court that he or she is going to contest the order. In some cases, a hearing date will be scheduled when the appeal documents are received.
It is important that an individual attend any hearings associated with a restraining order. Failing to appear at a hearing may result in a ruling in the other party’s favor. Those who are disputing a restraining order are allowed to present various forms of evidence to prove that they are not a danger to others. This evidence may include witness testimony or statements made by the person who asked for the order.
If the first appeal is denied, it may be possible to ask a judge to reconsider the order again in the future. In some cases, the second appeal may be filed immediately after the original request is denied. A person who is subject to a temporary or permanent restraining order is encouraged to follow its terms even if that individual seeks to have it dismissed.
An order of protection may last for as long as a judge believes an individual is in danger of being hurt by another person. Those who are subject to temporary or permanent restraining orders may want to hire attorneys to assist with their cases. An attorney may be able to use text messages or other evidence to show that an alleged victim is unlikely to experience future harm. A legal professional may also work with individuals to ensure that they don’t violate an existing order.
