Restraining Orders in California

Fairfield Criminal Defense Lawyer

If you are suspected of engaging in domestic violence or civil harassment, it is likely that your accuser may seek a restraining order against you. In California, the legal standard of proof needed to issue a protective order can be low. Temporary orders can be issued upon “reasonable proof” that the alleged abuse occurred. A permanent order may require a higher level of evidence, however, it still must only be shown that the events in question were more likely than not to have occurred.

A restraining order can prohibit an individual from:

  • Contacting the protected person or their children
  • Going near an individual’s home, work, or school
  • Owning or purchasing a firearm (currently owned firearms must be sold or stored at an approved location)

The limited information needed to file an injunction can leave an individual who has not broken the law with an incredible hardship. If you are facing the possibility of a restraining order, know that you are not alone in this process and our Fairfield criminal defense attorneys can work tirelessly to see that your side of the story is heard. At Maher & Chikhani A Professional Law Corporation, we can help you to keep a temporary injunction from turning into a permanent restraining order.


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Fighting a Restraining Order

While a temporary order will typically last only a few days, a hearing will be scheduled to determine if a permanent injunction is warranted. These hearings are often held soon after the initial complaint and you should not waste any time in contacting an attorney from our firm. Accusations of domestic abuse are often highly circumstantial and our attorneys can help you to defend against exaggerated claims, misremembered events, and outright false accusations.

Permanent and temporary injunctions will typically contain multiple orders which detail the restrictions that you are to follow. Until the time that you are able to overcome the accusations that you face, it is vital to abide by the orders as they have been presented. For example, do not attempt to contact your accuser to reason with them or to seek clarification. Any contact at all may be a violation of the restraining order and can have serious legal consequences such as hurting your credibility when in front of a judge.

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The consequences of a restraining order and the punishments for violating its terms can be severe. Individuals can find themselves in trouble with the law simply for being in the wrong place at the wrong time. If you have been the subject of an injunction, you need a trusted advisor in your corner who will work tirelessly to uphold your rights. Our Fairfield criminal defense attorneys have helped numerous clients free themselves from the burden of a restraining order and when you need to protect your future, Maher & Chikhani are only a phone call away.

Questions about how to overcome a restraining order? Do not hesitate to contact our firm.

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