Defending Against a Civil Harassment Restraining Order

Defending Against a Civil Harassment Restraining Order

Understanding Civil Harassment Restraining Orders

A Civil Harassment Restraining Order is a legal tool used to protect individuals from alleged harassment, stalking, violence, or threats of violence. If you have had a Civil Harassment Restraining Order filed against you in California, it is essential to understand your rights and the legal implications. These orders can significantly impact your life, so it is crucial to respond appropriately and seek legal representation.

What Is a Civil Harassment Restraining Order?

A Civil Harassment Restraining Order is designed to prevent harassment from individuals who are not closely related or romantically involved with the person seeking protection. This can include neighbors, roommates, acquaintances, and strangers. The behavior in question can involve:

  • Unwanted contact or communication
  • Alleged physical violence or threats of violence
  • Stalking or following
  • Any behavior claimed to cause substantial emotional distress

Types of Restraining Orders

There are different types of restraining orders, depending on the circumstances and the evidence presented:

Temporary Restraining Order (TRO): A short-term order granted by a judge to provide immediate protection until a court hearing can be held. This is often issued based on the petitioner’s claims alone.

Permanent Restraining Order: If the judge finds sufficient evidence at the hearing, a permanent restraining order may be issued, lasting up to five years and renewable if necessary.

Emergency Protective Order (EPO): In urgent situations, law enforcement can request an EPO, which is effective immediately and typically lasts up to seven days.

The Process of Defending Against a Civil Harassment Restraining Order

If you have been served with a Civil Harassment Restraining Order, you must understand the process and how to defend yourself effectively:

Receiving the Petition: You will be served with the petition and a Temporary Restraining Order (TRO) if issued. This document outlines the allegations against you and the restrictions imposed.

Preparing Your Defense: It is crucial to gather all relevant evidence to refute the allegations. This can include witness statements, messages, photographs, and any other documentation that supports your case.

Court Hearing: Attend the court hearing where both parties will present their case. It is essential to have an experienced attorney represent you to ensure your side of the story is heard and to challenge any false or exaggerated claims.

Presenting Evidence: Present all gathered evidence and witness testimonies to demonstrate that the allegations are unfounded or exaggerated. Your attorney will help cross-examine the petitioner and any witnesses they present.

Final Decision: Based on the evidence and testimonies, the judge will decide whether to issue a permanent restraining order. If the judge finds the evidence insufficient, the TRO will be dismissed, and no permanent order will be issued.

Consequences of a Restraining Order

Having a Civil Harassment Restraining Order against you can have serious consequences, including:

  • Restrictions on contact with the petitioner and their family
  • Requirements to stay away from specific locations such as the petitioner’s home, workplace, or school
  • Prohibition from owning or possessing firearms
  • Potential criminal charges if the order is violated
Why You Need an Experienced Attorney

Facing a Civil Harassment Restraining Order can be overwhelming and can have significant impacts on your life. An experienced attorney like David Canty can provide the strategic defense you need. With over 19 years of experience in criminal defense and a thorough understanding of restraining order proceedings, David Canty offers the expertise and dedication necessary to protect your rights and reputation.

If you have been served with a Civil Harassment Restraining Order, contact David Canty today. With a commitment to defending your rights and ensuring a fair hearing, David Canty will work tirelessly to achieve the best possible outcome for your case. Call [insert phone number] or visit [insert website URL] to schedule a consultation and take the first step toward defending yourself against these allegations.

Schedule an Appointment for a Free Consultation

If you’re facing a Civil Harassment Restraining Order in Pomona or surrounding area, don’t wait to seek legal representation. With offices in Pomona, Rancho Cucamonga, West Covina, and Riverside, David Canty is ready to fight for you. Contact us today to schedule a free consultation and let us help you navigate the complex legal process, protect your rights, and fight for the best possible outcome in your case.

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HOW CAN WE HELP?

If you or a loved one needs help in one of the following areas, please fill out the form and someone from our office will respond as quickly as possible.