Criminal Defense

How to Fight a Restraining Order in California

It is not easy to fight a restraining order in California. If you have been issued this order, seeking legal advice on how to proceed is in your best interest. If you are subject to a restraining order, you will have to appear in court to challenge it and present your case.

What Is a Restraining Order?

A restraining order, also called a protective order, is issued by a family court to protect an individual in a case of alleged domestic abuse, harassment, sexual assault, stalking, and other forms of domestic violence.

All protective order laws in California allow the court to order an alleged abuser to stop harming another person or stay away from someone or a certain location. The abuser may also be instructed not to own firearms while the order is in effect.

Can You Appeal a Restraining Order in California?

Yes, you can appeal a restraining order in California. If you disagree with the contents of your restraining order, you have a right to file a motion with the court to set aside or modify the order.

However, the appeal process can vary depending on the intensity of the order. Plus, you must present valid grounds for an appeal to be successful. The time to file an appeal in California is 60 days from when a restraining order is issued.

Be sure to file your appeal as soon as possible because waiting for too long can see you losing the opportunity to contest the order. Once you appeal, the court will consider your motion to determine whether to modify or dismiss the restraining order. Meanwhile, the order will remain in effect, and you cannot breach its terms.

How to Get a Restraining Order Dismissed in California?

Under California family law, a restraining order can only be dismissed by a judge in a court of law. So to get it canceled, you must file a motion to get the order dismissed with the court.

You must demonstrate that the restraining order is no longer necessary or you have fully complied with the terms of the order. The court will review the motion and decide whether to grant or dismiss the request.

A hearing may be necessary after you submit your request. In this case, you will be required to complete and file a request for order to modify or cancel the restraining order. Additionally, you can get your restraining order dismissed by appearing in court as early as possible and attending the hearing without the plaintiff.

Contact a San Diego Restraining Order Defense Attorney Today

In California, the issuance of a restraining order is taken very seriously. If you have been issued a restraining order or accused of violating an existing one, it is important to contact a San Diego restraining order defense attorney immediately.

At The Law Office of Elliott Kanter, we are committed to providing you with the aggressive defense you need to protect your freedom and reputation. Contact us online to schedule your free consultation, or call (619) 231-1883 to discuss your case with our lead attorney Elliott Kanter.

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