Is a Restraining Order Criminal or Civil?

If a restraining order is given in civil court, it is known as a civil harassment restraining order or a domestic violence restraining order. A domestic violence restraining order is for protecting someone after abuse from a spouse or a romantic partner. Meanwhile, a civil harassment order protects against stalking, harassment, and theft. It can be given to a neighbor, roommate, friend, or someone else.

In criminal courts, restraining orders are known as protection orders. An order of protection is often given to protect a witness or victim in court from the alleged perpetrator.

How to Fight a Domestic Violence Restraining Order in Family & Criminal Court

Whether you are dealing with a criminal court protection order or a family court restraining order, there are steps you can take to fight the restraining order. The first step is determining if it is a permanent restraining order or a temporary restraining order (TRO). While you can fight against a permanent restraining order, TROs have more limitations.

If you’re dealing with a permanent order, there are a few things you can do to mount your defense.

• Claim false allegations: You can fight the restraining order in California by saying that the allegations are untrue. For example, you can review the accuser’s statements for inconsistencies or bring up their ulterior motives for filing the family court restraining order.
• Use evidence: If you have evidence that you were somewhere else when the event happened or that the accuser texted someone they were lying, you can use that information to disprove their argument.
• Claim a lack of evidence: Another way to fight your case is by demonstrating that the other side doesn’t have evidence to justify the restraining order.
• Say there were misunderstandings: Finally, you can say that the actions or words were simply misinterpreted.

The Steps Involved in Fighting a Restraining Order

Initially, you will be given a TRO. As soon as you receive it, read through the document to see the grounds it was based on and what you aren’t allowed to do. You’ll also want to contact an attorney so that you can immediately prepare for the permanent restraining order.

If the accuser pursues a permanent order, you’ll receive a hearing date. This is your chance to prove your case, so you should compile as much evidence as possible. For example, you may be able to use medical records, recordings, texts, or any type of electronic communications.

Then, you’ll be able to use this evidence in court. Even if the charges aren’t dismissed, you may be able to get them modified in your favor if you can provide solid reasons and evidence for making the changes.

If the court decided to uphold the restraining order, you can always file an appeal. An appeal allows you to contest the decision, so it may get reversed.

Learn More About Fighting Against Restraining Orders

Besides learning about the difference between a criminal protective order vs. a restraining order, it’s important to discover the best defense for your situation. Once you know which defense you will use to fight your restraining order, you can start compiling evidence to build your case.

Whether you are in criminal court or family court, dealing with a restraining order can complicate other cases that you are dealing with. More importantly, it has a negative impact on your day-to-day life. Because of this, you should seek professional legal help as soon as you are given a family court restraining order. To learn more, give us a call today.