How to fight a restraining order?

Asked over 2 years ago - Redding, CA

my ex has a a temp restraining order on me now. was granted the hearing for permanent restraining order. just need to know how to go about fighting this? what is going to hold weight in court? and what should i avoid? should i get one against her

Attorney answers (3)

  1. Sean Anthony Brady

    Contributor Level 15

    1

    Lawyer agrees

    Answered . You should hire an attorney to review your case and explain to you what you should do. Research attorneys in your area who are familiar with restraining order hearings, meet with a few of them and choose the one you feel most comfortable with. By the way, within 24 hours of being served with a TRO you must either surrender all your firearms to law enforcement or sell them to a licensed dealer. Do NOT say here whether you have any or not, or whether you already did this. This is just for you to know and to discuss with your attorney.

    All my comments here are intended for general legal purposes. None of my comments here establish an attorney-... more
  2. Thomas Allen Neil

    Contributor Level 13

    Answered . Restraining orders are granted rather easily by courts. Nonetheless, your ex still has a burden of proof she must meet. So, file a response and specifically deny each claim that is untrue which will force her to provide some evidence to back up her allegations. You should have a lawyer write you a response. If you can afford it, also have trhe attorney come to court. But having an attorney write a good response for you is more important than the attorney coming to court with you. Because, if your response is not properly filed and served, or you deny incorrectly, or you don't include some evidence supporting your case, then the attorney might not be able to fix those problems in court.

    Thomas Neil is a Sacramento attorney, representing clients in court in Sacramento and in surrounding counties. Or, if you cannot afford full representation then, for much less, Mr. Neil can instead write you the forms and declaration you need, and help you serve them, and you go to court by yourself. A well written declaration by an attorney, supported by proper evidence, will GREATLY increase your chances of sucess in court. Our office takes credit cards.

    Thomas A Neil
    3224 El camino Avenue
    Sacramento, CA 95821
    (916) 446-4153


    Thomas Neil is a Sacramento attorney, representing clients in court in Sacramento and in surrounding counties. Or, if you cannot afford full representation then, for much less, Mr. Neil can instead write you the forms and declaration you need, and help you serve them, and you go to court by yourself. A well written declaration by an attorney, supported by proper evidence, will GREATLY increase your chances of sucess in court. Our office takes credit cards.

    Thomas A Neil
    3224 El camino Avenue
    Sacramento, CA 95821
    (916) 446-4153

  3. Mo Idlibby

    Contributor Level 5

    Answered . You should definitely hire a local lawyer who is experienced in Domestic Violence (DV) law, who can evaluate the facts in your case and help you formulate a strategy in your case. Make sure you don't miss court, or else the Judge will likely have the hearing without you, and your side of the story won't be heard. As for your last question, if it's only merely retaliatory, then, no, you should not file one against her; however, if you have a valid claim against her, then you may want to consider that. An experienced DV lawyer in your area should be able to help you sort through all of these issues.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

31,413 answers this week

3,108 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

31,413 answers this week

3,108 attorneys answering