Although receiving a restraining order has a significant negative impact on your freedom, it is not the same as being jailed. You might not be permitted to be near your spouse, partner, or children, depending on the specifics of the order. If you live or work with the person who obtained the order, you might even be forced to leave your home or your job.
Therefore, it makes sense to object to the request for a permanent restraining order against you. The stakes are too high to disregard the opportunity to argue that the judge should not grant the permanent order based on the evidence presented at the hearing.
Now before getting into details about what evidence is required for a restraining order to be issued, lets first look at what a restraining order actually is and the main types of restraining orders that exist.
What Is A Restraining Order?
Restraining orders (also known as “protective orders”) protect a specific person, referred to as “the protected party,” from harassment or abuse by another person, referred to as “the restrained person.”
Protected parties include spouses, ex-girlfriends, ex-boyfriends, cohabitants, family members, roommates, coworkers, and even pets.
Types Of Restraining Orders
There are four types of restraining orders; they are the following:
- Domestic violence restraining orders
- Civil harassment restraining orders
- Elder- or dependent-adult abuse restraining orders
- Workplace violence restraining orders.
Restraining orders are an extremely serious matter. You face criminal charges for the underlying allegations, but a restraining order can also limit your movement, keep you away from your children, and keep you out of your home. However, some requirements must be met before a judge issues a restraining order.
Evidence That Is Both Clear And Convincing
According to California law, the judge must grant a restraining order if the petitioner proves their case with “clear and convincing evidence.” This legal concept means that the petitioner’s claims are likely to be true. While the standard of proof is not as high as in criminal court, the petitioner still faces a significant burden.
Evidence To Be Expected At The Hearing
The following types of evidence are frequently presented at hearings:
- Accounts from eyewitnesses
- Photographs of injuries
- According to police reports
- Copies of medical bills and other pertinent documents
Though this is a separate process from any criminal charges you may face, the hearing can be similar to a trial in several ways. You have the option of having an attorney represent you at the hearing. Your attorney can also prepare you beforehand, so you know what to expect.
Expert Legal Help
If you think you have been unjustly issued a restraining order, don’t waste any valuable time and call (949) 726-6000 to speak to one of our knowledgeable attorneys at Marley Law Firm. We are here to fight for your rights!
