Restraining orders are a means for people to protect themselves when they feel threatened by others. These orders are often issued against spouses on domestic violence charges, meaning that they encompass more than just violent behavior—they affect the function and structure of a family. It is important to understand this going into a
restraining order case. The implications of a ruling can dramatically impact your future.
Your Rights under Restraining Orders
Restraining orders can present a number of difficulties. For one, the orders must be dealt with, and getting them overturned can be a complicated ordeal. Additionally, they may limit or prevent access to your children or other loved ones, including custody. Finally, you may be caught off guard by an order, especially if it is based on a false accusation of violence or threats. In any case, it is important that you understand and take advantage of your rights as you work to a favorable outcome.
When issued a restraining order, you have the following rights:
- The right to be notified of the request
- The right to a court hearing
- The right to defend yourself (with an attorney, if desired)
These rights, more than anything else, give you the valuable opportunity to clear your name. You cannot afford to let this opportunity pass. My goal as a defense attorney is to help you take full advantage of your rights by guiding you through this time, offering the counsel you need and ultimately representing you in court. Read the brief guidelines below to be sure you start your case on the right foot even before you contact my firm.
Your Part in the Defense Process
While you have the right to fight your restraining order, you must approach your case with caution. No matter how your situation appears to have changed since you were notified of the order, the fact of the matter is that you are still vulnerable until the final hearing has closed. The duration of your temporary order is an important time to build your reputation and establish the grounds of your defense.
You can take an active approach to strengthening your case by doing the following:
- Understanding the extent of your order and following them at all cost
- Keeping important evidence and witnesses on hand
- Contacting a criminal defense attorney
Avoiding Further Trouble
The most important way you can contribute to your case is by avoiding contact with the person who requested the restraining order. This means, unless otherwise stated, refusing to contact them, avoiding being in the same place as them at the same time, and keeping from any other activity that could be seen as a violation of the order.
As a case wears on, it can be tempting to try to work around your order, especially when your children are involved. Difficult though this may be, you should avoid any unauthorized contact before your hearing. This will give your spouse less grounds in fighting for long-term restraining orders and will keep you from going to jail or getting fined—common penalties for violating your order.
Start Your Case with a Free Consultation
If you are a facing restraining order and are prepared to defend your rights, contact my firm, the Law Office of Frances Prizzia. We have served clients in Irvine and throughout Orange County for a decade, offering top-rated criminal defense services for a wide range of charges. Our hands-on approach to cases has led to a strong record of successful cases and verdicts.
To work with a criminal defense attorney, fill out a form for a free consultation or give my office a call today!