You Can Fight Your Restraining Order

A restraining order is an actual court order that is used to prevent one person from contacting or harassing another individual. Restraining orders are typically filed by a spouse in a domestic violence situation, or by someone you are living with or in a relationship with. Sometimes when relationships sour, and the other individual feels harassed, or is the victim of abuse; they will petition for a restraining order against that person. If a restraining order has been issued against you, it’s crucial that you enlist the services of a skilled Santa Barbara criminal defense attorney immediately.

When the alleged victim first goes to court to petition for a restraining order, the court will usually issue a temporary restraining order (TRO). This order will be temporary until an official court hearing takes place, where the evidence will be examined and both people will be able to present their own version of events. In the cases of a domestic violence restraining order, the people who can petition for such an order are: spouses, former spouses, parents who share a child together, roommates, former roommates, parents or children, siblings, present or former boyfriends or girlfriends.

Once the hearing takes place, a temporary restraining order can be made permanent, in which case it can last 1 to 3 years. Aside from domestic violence temporary restraining orders, there are also emergency protective orders (EPO), criminal protective orders (“No Contact” Order), and civil harassment restraining orders (CHO). Civil harassment restraining orders are typically used to stop harassment, stalking or threats from co-workers, neighbors, roommates and strangers.

Santa Barbara Restraining Order Lawyer

If you have a restraining order against you, you will need a competent lawyer defending your rights at the restraining order hearing. Restraining orders are not criminal in and of themselves, however, violating a restraining order can be charged as a misdemeanor. Restraining order violations can be punishable by up to a year in jail and fines ranging up to $1,000. Restraining orders can keep you out of your home, away from your spouse and children, and they can keep you from owning a weapon.

These are not simple cases that you should handle on your own. Since you have a lot on the line, you should contact a Santa Barbara restraining order attorney from the Law Offices of Adam L. Pearlman who can handle your case with the attention and professionalism it deserves.

Contact a Santa Barbara restraining order lawyer from our firm for a free initial consultation.