San Diego Restraining Order Attorney

Receiving a restraining order can be a jarring experience since it signifies that an individual has proved to a court that you are a danger to them or other parties involved. 

At first, it may be tempting for you to contact the individual who applied for the order. However, that is a bad idea as an email, phone call, or text message would be termed a violation of the order. If you have been notified of a restraining order in California, it is in your best interest to immediately contact a San Diego restraining order attorney for legal guidance.

What Is a Restraining Order in California?

A restraining order is issued by a court to protect someone from being abused or harmed by another person. Restraining orders are typically used to protect victims of domestic violence but can also protect victims of stalking or sexual assault.

For a victim to get a restraining order against you in California, they will have to prove that you have tried to cause harm or show that you will likely cause harm to them in the future. A restraining order against you will prohibit you from coming near the victim and may also prohibit you from contacting the victim.

What Are the Various Types of Restraining Orders?

There are various restraining orders in California, including domestic violence, civil harassment, and elder or dependent adult abuse.

‍Domestic Restraining Order: A domestic violence restraining order is for victims of abuse by a spouse, former spouse, cohabitant, or dating partner.

Civil Harassment Restraining Order: A civil harassment restraining order is for victims of stalking, harassment, or sexual assault by someone who is not a family member or household member.

‍Elder or Dependent Adult Restraining Order: This restraining order is for abuse victims by an adult child, caregiver, or parent.

How Do I Fight a Restraining Order?

You should take action immediately if you have been notified of a restraining order. The first step is determining whether you have grounds to fight the order. The judge will consider several factors, including the history of abuse between you and the other party and the likelihood of violence.

If you opt to fight the restraining order, you will need to gather enough information to support your case. This may include photos, text messages, and witness statements. You must also appear in court and argue your case before a judge.

Contact a San Diego Restraining Order Attorney

If you or your loved one is facing a restraining order, it is critical to seek legal representation as soon as possible. The San Diego restraining order attorneys at The Law Office of Elliott Kanter are ready to help. We will take the time to explain every aspect of your case and fight for you in court. No matter what type of restraining order you face, don't hesitate to contact us today for assistance.