If you have been wrongfully accused of committing a crime of domestic violence and have been served with a petition for a domestic violence restraining order the worst mistake that you can make is to ignore it. Even if you don’t ever plan on seeing your false accuser again your failure to act quickly can have severe consequences. A domestic violence restraining order can issue against you for a period of five years and your accuser can have the court order you to pay attorney’s fees. During this five year period you will be prohibited from owning, possessing or purchasing any firearms.
Consequences of the Restraining Order for You and Your Children
It gets worse if you and the accuser cohabitate or have children. If the court grants the false accuser’s petition for the domestic violence restraining order there will be a “rebuttable presumption” that it is not in your children’s best interests for you to have either sole or joint legal or physical custody of them. Through this domestic violence restraining order, the court can make child custody and visitation orders, make you pay substantial child support, force you out of your home and even take away your pets.
Defending Yourself through a Skilled, Passionate and Proven Attorney is Important
A false accuser only needs to satisfy the lowest burden of proof in the law, i.e., preponderance of the evidence, in order for the court to issue a domestic violence restraining order against you. Don’t lose your job when your employer finds out through a public records search that you have a domestic violence restraining order. Ahmed & Sukaram, Attorneys at Law has successfully defended clients like you in courts across the San Francisco Bay Area, including San Mateo and Santa Clara Counties. Take the fight back to your false accuser and clear your name. If you are successful, you may even be able to have the court order that your false accuser pay your attorney’s fees.