Challenging a Protective Order

Orange County family law attorneys provide help in legal situations involving restraining orders. We can provide assistance to abuse victims who wish to seek a protective order to stop continued abuse and threats from occurring. We also offer representation in situations where a protective order has been sought against you and you wish to contest it. 

While there are many legitimate situations in which an order of protection is necessary, there are also certain circumstances in which someone seeks a restraining order without justification and/or without appropriate evidence. If you believe that a protective order against you was granted improperly or that you should not be subject to a protective order, we can help. Give us a call at (866)237-8129 to speak with Orange County family law attorneys who can provide representation in this difficult situation.

Understanding Protective Orders in California

According to the California Courts, there are different types of restraining orders including:

• Personal conduct orders: These orders require the cessation of abusive acts against “protected persons.” When a personal conduct order is granted, the order can demand that a restrained person stop contact; stalking; assaulting; threatening; harassing; disturbing the peace; or destroying property.
• Stay away orders: These orders can require the restrained person to keep a certain distance away from where the protected person lives, works, takes children to school, parks his vehicle or visits other important places.
• Residence exclusion orders: These can require that the restrained person stay away from a shared family residence.

These restraining orders can impose a significant hardship on the restrained person, who may be forced to move from a family home and to discontinue contact with family members including children. If you are subject to a restraining order and you do not believe that the order is justified or that the order should be in effect based on the available evidence, experienced Orange County family law attorneys can provide you with assistance in trying to argue that either no restraining order should be granted or that the protective order should be lifted.

Tips for Challenging a Restraining Order

If you believe that you are improperly being subjected to any type of restraining order, you could file a motion to dissolve the protective order or a motion to modify the order of protection. You will need to make certain that you act within the appropriate courts and submit the correct court paperwork. An experienced attorney can provide you with assistance in understanding how to ask the court to modify a restraining order or to dissolve the protective order altogether.

Once you have asked the court to modify or dissolve the protective order, generally you will need to attend a hearing in which you demonstrate to the court why the restraining order should not remain in effect as it is currently in place. You can argue to the court that there was not sufficient proof of the accusations against you to justify the restraining order or you can argue that the conditions imposed by the restraining order are too broad and too burdensome for you to comply with. You can also argue that the restraining order was obtained under false pretenses and that the evidence which was presented when the restraining order was obtained should not be believed.

Experienced Orange County family law attorneys can assist in challenging the restraining order by helping you to present solid legal arguments or counter-evidence to suggest that the accusations made against you were unfounded. You should get an attorney involved as soon as possible so you can try to put a fast end to the restrictions that the restraining order has placed upon you.

Getting Help from Orange County Family Law Attorneys

Brown & Charbonneau, LLP understands family laws in California related to domestic violence restraining orders and other types of protective orders that the court grants. We can provide advocacy and representation both to people who are seeking orders to protect them from abuse as well as to people who are contesting a restraining order against them. Whatever your situation, we can evaluate your case, explain your legal options and your likelihood of a successful remedy, and can provide you with knowledgeable legal advice.

To find out more about the ways in which Orange County family law attorneys assist with legal matters related to restraining orders, give us a call at (866)237-8129 or contact us online. We can provide you with the personalized advice that you need to protect yourself and your family whenever there are allegations of abuse.