A Proven Attorney For Restraining Order Defense In San Diego
Last updated on February 5, 2025
Your Side Of The Story Matters
Types Of Restraining Orders
- Domestic violence restraining orders: Seek to protect an individual from abuse by a spouse, partner, parent, family member, etc.
- Civil harassment restraining orders: Seek to protect an individual from harassment or abuse by someone outside of their family or household
- Elder abuse restraining orders: Seek to protect the elderly and/or disabled from abuse by caretakers, loved ones and others
Judges in California and throughout the country may issue restraining orders to protect alleged abuse victims. Thankfully, those who believe that they should not be subject to a restraining order may appeal a judge’s decision. We discuss the appellate process in more detail below.
The Process Of Contesting A Restraining Order
Want to appeal a restraining order? The first step in the process is to file paperwork informing the court that you are going to contest the order. In some cases, a hearing date will be scheduled when the appeal documents are received.
It is important to 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. You are allowed to present various forms of evidence to prove that you are not a danger to others. This evidence may include witness testimony or statements made by the person who asked for the order.
If your 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. In the meantime, if you are subject to a temporary or permanent restraining order, you must follow its terms even while seeking 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. As the subject of the order, one of the smartest moves you can make is to hire an attorney to assist with your case. An attorney may be able to use text messages or other evidence to show that an alleged victim is unlikely to experience future harm. They can also work with you to ensure that you don’t unwittingly violate an existing order.
A Former Prosecutor On Your Side
As a former prosecutor, attorney Mark Deniz knows what to look for and how to approach a restraining order defense. You can rely on him and our firm to act quickly to defeat the restraining order and work to resolve the underlying case in your favor. If your restraining order is the result of domestic violence accusations, steps may include preparing mitigation packets to build your case for dismissal or negotiation to obtain a reduced charge that limits your exposure to the harshest criminal penalties. Our success in doing this can be seen in the many positive reviews, testimonials and awards our attorneys have received.
Tell Your Story Today
We look forward to hearing your perspective and taking action to protect what matters most. Call 619-752-3702 for a free consultation with a proven San Diego defense attorney.
