Ahmed & Sukaram, Attorneys at Law

How to respond to temporary restraining orders

| Nov 23, 2020 | Firm News

Domestic violence is an incredibly delicate issue, and no one wants to expect false allegations when it comes to something as serious as abuse from a partner. However, there are circumstances where a partner makes false allegations against you in order to hurt your reputation or try to gain favor in a family law proceeding.

In those cases, it is critical to know how to properly respond and the best strategy to remove yourself from these allegations as soon as possible to avoid any potential criminal consequences that may result.

What to do if you are accused of domestic violence

If you are accused of domestic violence, you need to stop contacting your accuser immediately and gather evidence that supports your innocence including texts, emails, documents and photos. You want to contact an attorney immediately and start building a case about why these allegations are false.

During a restraining order process

In most abuse cases, the accuser seeks a temporary restraining order through the court. In California, a person usually applies for a domestic violence restraining order, where they are a “protected person” who wants to separate themselves from you.

These restraining orders ask you to stop contact, move away from the residence, not to own a gun or ammunition, pay child support and obey orders surrounding property. It’s incredibly restrictive and could easily separate you from the rest of your family.

There is a hearing for the restraining order where you can communicate the circumstances surrounding the allegations and fight any protections. But you have to remember:

  • A lawyer can help you file a response before you even get to court
  • You can likely present your defense evidence more effectively with a lawyer
  • A lawyer can help you cross-examine the witnesses against you
  • A lawyer can argue to the judge why the restraining order can not legally issue against you or should not issue against you

If a restraining order is issued

If your former partner receives a restraining order, make sure to obey its conditions and to have your lawyer file an appeal within 60 calendar days.  Also, the protective order can be modified in certain circumstances, so make sure to have an experienced attorney on your side if you find yourself in this situation.