TEMP. RESTRAINING ORDER
Orange, CA
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Posted about 1 year ago in Domestic Violence
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I have been served with a temp. restraining order for yelling at a neighbor and saying your lucky I don't punch you during a disagreement,I didn't touch anyone and I have to go to court,It was a argument between 2 grown men and it's over...what should i do?
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Answers (1)Michael Anthony Turek
This attorney is licensed in California.
Posted about 1 year ago.
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You should oppose it in court, since having a restraining order against you puts you into a special computer database kept by the police, and can cause you problems down the road such as when seeking a job. If the restraining order served on you was issued by a family law court under the Domestic Violence laws, you could object that the incident was not "domestic violence" as defined in Family Code Section 6211, which limits DV actions to spouses, couples living together, and certain other relatives. You could also argue that the incident did not rise to the level of seriousness to qualify as abuse as defined in Family Code Section 6300 and 6203(c): placing a person in reasonable apprehension of imminent serious bodily injury. Finally you could argue that the purpose of a restraining order under Family Code 6300 is to prevent a recurrence of domestic violence, and since this is a one time incident and is over, no restraining order is needed.
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