Restraining Orders

A restraining order is a legal order issued by a court that requires a person to stay away from another person or place. Restraining orders are often sought in cases where there is domestic violence, stalking, or harassment. Being subject to a restraining order can have severe consequences that can affect a person’s personal and professional life. Let’s explore how damaging it can be to have a restraining order against you and why you should fight it.

Firstly, a restraining order can severely limit a person’s freedom of movement. If a person is subject to a restraining order, they may be prohibited from going to certain places or from contacting certain individuals. This can make it difficult for a person to carry out everyday tasks, such as going to work or school, attending social events, or even visiting family members. A restraining order can also prevent a person from accessing their home or personal property if the person they are ordered to stay away from lives or works there.

Secondly, a restraining order can negatively impact a person’s reputation. A restraining order can be viewed as evidence that a person has engaged in violent or threatening behavior towards another person. This can lead to negative perceptions from others, including friends, family members, and coworkers. In some cases, a restraining order can even lead to job loss or difficulty finding employment, as many employers conduct background checks and may be hesitant to hire someone with a restraining order on their record.

Thirdly, a restraining order can have legal consequences. Violating a restraining order can result in criminal charges and penalties, including fines and even imprisonment. A person subject to a restraining order may also be prohibited from owning firearms or other weapons. Additionally, a restraining order can impact child custody and visitation rights in cases where the person subject to the order has children with the person they are ordered to stay away from. (See Family Code 3044)

Given the potential consequences of having a restraining order against you, it is essential to fight it if you believe that it has been unfairly or unjustly issued. Some reasons why a restraining order may be unjust include false accusations, misunderstandings, or exaggerations of events. In some cases, a restraining order may be sought for strategic reasons, such as gaining an advantage in a divorce or custody dispute.

Fighting a restraining order requires legal expertise and a thorough understanding of the legal system. An experienced attorney can help you understand your legal rights, gather evidence to support your case, and present a strong defense in court. This may include questioning the credibility of the person seeking the restraining order, presenting evidence that disproves the allegations made against you, or arguing that the order is not necessary or appropriate given the circumstances.

In conclusion, having a restraining order against you can have severe consequences that can impact your personal and professional life. Given the potential impact of a restraining order, it is crucial to fight it if you believe that it has been unjustly or unfairly issued. By seeking legal representation and building a strong defense, you can protect your legal rights and work towards having the restraining order lifted.

1. You lose your gun rights. Once a temporary restraining order is granted, you just lost your gun rights. You have to turn your guns in within 48 hours. If you beat the case, you will get your guns back after the mandatory 10 day waiting period. But if you lose the trial, you just lost your gun rights for the duration of the restraining order, which could be up to five years. At the end of the five years the petitioner could ask for an extension.
2. You lose your right to travel. Up until the restraining order was granted, you could travel anywhere your car would take you. Not anymore. Now you have to be careful not to run into the petitioner at Target, Walmart, the movies, and so on. If you do, you have to leave. There goes your freedom. Once you win case, your travel rights will be restored.
3. If a permanent restraining order gets granted against you, Family Code section 3044 creates a rebuttable presumption that it is not in the best interests of your children to be in your custody! When you win your case, that presumption will not exist.
4. If you lose your case and end up getting divorced, the judge can use the restraining order against you in denying your right to spousal support.
5. It can be used against you in a future case.
6. If you lose, it can encourage other people to file against you as well.
7. If you lose, it may lead the District Attorney to file charges against you.
8. If you win, it may very well discourage the DA to file charges against you because the standard it criminal is so much higher than for restraining orders.
9. It can lose your case, it can lead to more cases in the form of misdemeanors for violating the restraining order. You cannot violate one that doesn’t exist!
10. It’s on your record! You can lose jobs, not get hired, be denied rental homes, and so on.

There actually are plenty of more reasons to fight and win your restraining order, but maybe the above ten will give you some food for thought.

There is a lot that goes into fighting your restraining order in Shasta County. Every case is unique, so you do not want a “one size fits all” approach. That being said, I will try to outline some of the most common techniques that may help you in your case.

1. Focus on the burden of proof. The petitioner is the one who needs to prove their case. As the respondent, you can sit back and not have to prove anything, but that is not advisable. Rather, focus on why the petitioner has not proved their case.
2. Bring impeachment evidence. Impeachment evidence can be evidence in the form of texts, emails, etc., that you can ask the witness about. If he or she lies about the communication, you then present the evidence you have the witness has just been impeached. This doesn’t end the case, but it lowers the petitioner’s credibility in the eyes of the judge.
3. Argue the law. Sometimes the law is on your side, and you don’t even know it. There are a lot of restraining order cases that might apply to your situation that you can cite to the judge. If the facts are very similar to your case, the judge is obligated to follow it. For example, see
   M. v. E.P. (2010) 184 Cal.App.4th 1249 where the court holds that “badgering,” was not enough to establish the need for a domestic violence restraining order.
4. Object to improper hearsay. Hearsay is perhaps the trickiest of all evidentiary objections, so it is hard to admit it and hard to object to it. Be on the lookout for hearsay testimony and object to it timely.

If you require additional help and/or seek legal representation, give me a call at 530-248-2700

When an individual seeks a protective order against a non-relative, they would usually file for a Civil Harassment Restraining Order. (There are quite a few types of restraining orders such as Elder Abuse, gun violence, school related, and others.)

The grounds for a civil case are either 1) violence (including stalking, sexual etc.) 2) threats of violence, or 3) a course of conduct that is harassing and caused substantial emotional distress.

The most common misunderstanding is that 1) and 2) above require there to be emotional distress. This is untrue. If someone punches their neighbor or threatens to kill their friend (some friend) and the neighbor or friend do not suffer emotional distress, they can still seek a civil harassment restraining order.

The petitioner needs only to suffer emotional distress if the course of conduct is harassing but not violence or a threat of violence. 

It is also important to mention that the course of conduct must be enough to cause emotional distress.

The burden of proof is always on the petitioner to prove their case. But to what extent? Clients often ask me how to “prove” something. The answer is that we don’t provide proof, we provide evidence. Evidence is anything relevant that tends to show an act did or did not happen, however slight. Then, each piece of evidence is like a building block, building up to “proof.” How tall the wall of evidence needs to be until it is considered proof depends on what kind of case you are dealing with and then of course what the judge considers is enough.

In domestic violence restraining order cases, the burden of proof (or how tall the wall needs to be) is called a “preponderance of evidence,” meaning just more likely than not, or 51%. That means the petitioner needs to show that the abuse (assuming it is enough to constitute abuse) is more likely than not to have happened.

When the petitioner says, “he hit me,” and the respondent says, “no I did not,” that is what you might call a “he said – she said” and, in number terms, it would be at 50/50. If that is all there is, the petitioner would likely not have met their burden and the case would be dismissed. Rather, they would need something more like a picture, a corroborating witness, text messages, an apology from the respondent, and so on, just to get to the 51%, or more likely than not.

Meanwhile, the respondent can also present evidence that the petitioner is not trustworthy, that the petitioner has motive to lie, that the respondent was not in town at the time of the alleged events, and so on. This is not to say that the respondent has to do that, but in order to win a case it is almost always necessary to show that the allegations are not true.

This is a common question I get from clients, whichever side of the case they may be on. The answer is yes, it is very easy to get a temporary restraining order in Shasta County. In fact, the law says that for the judge to issue the restraint, the petitioner only needs to provide “reasonable proof,” that is an allegation that if true would amount to what is called “restrainable conduct.”

Simply put, if the petitioner alleges anything involving threats, assaults, even yelling (mostly in domestic violence restraining orders but not in civil harassment) the court will issue the temporary.

That being said, getting the permanent one can be much harder. The petitioner (or their attorney) will need to provide actual evidence, not just allegations. They will need to testify to the alleged events, and will be subject to cross examination by the respondent. Recently, I asked a witness who testified against my client on the stand about her criminal history. She LIED and said that she was never convicted of a crime. In about 20 seconds I looked it up and showed the judge, who then told her that not just does she have a felony but she lied about it on the stand –and poof— there went her credibility and the case as well. We may not always get that lucky but that is an example of how hard it can be for a petitioner to prove their case in trial.

In short, yes, it is easy to get a TEMPORARY restraining order in Shasta County, but much more difficult to get the PERMANENT one. 

Restraining orders, also known as protective orders, are court orders that prohibit one person from contacting or being in the proximity of another person, their home, workplace, or other designated locations. Restraining orders are commonly issued in cases involving domestic violence, harassment, or stalking. If you have been served with a restraining order, it is essential to seek legal counsel from an experienced attorney.

An attorney can provide significant assistance in defending a restraining order case. Here are some ways that an attorney can help you:

Review the Evidence Against You

When you are served with a restraining order, you will receive a copy of the petition that the other party filed against you. An attorney can review this petition and the supporting evidence to identify any weaknesses in the case against you. They can also advise you on the potential outcomes of your case and help you understand your legal rights.

Gather Evidence in Your Defense

In order to defend against a restraining order, you will need to present evidence that refutes the claims made against you. An attorney can help you gather the evidence you need to support your defense, such as witness statements, photographs, and medical records. They can also help you organize and present this evidence in a persuasive manner.

Represent You in Court

If you choose to contest a restraining order, you will need to appear in court. An attorney can represent you in court and present your case to the judge. They can also cross-examine witnesses and argue on your behalf. Having an attorney by your side can help you feel more confident and secure throughout the legal process.

Negotiate a Settlement

In some cases, it may be possible to negotiate a settlement with the other party without going to court. An attorney can help you explore your options and negotiate a settlement that meets your needs. This may include agreeing to a restraining order that is less restrictive or that includes mutually agreed-upon terms.

Appeal the Decision

If the judge issues a restraining order against you, it is still possible to appeal the decision. An attorney can help you understand the grounds for appeal and guide you through the process of filing an appeal. They can also help you present a compelling case to the appellate court.

If you have been served with a restraining order, it is important to take the matter seriously and seek legal advice as soon as possible. An experienced attorney can provide the legal guidance and support that you need to defend yourself against the order and protect your legal rights.

In conclusion, restraining order cases can be complex and emotionally charged, and it is essential to have experienced legal representation on your side. An attorney can help you understand the legal process, gather evidence, represent you in court, negotiate a settlement, and appeal the decision if necessary. With the right legal counsel, you can defend yourself against a restraining order and protect your rights and freedom.