How Do I Fight a Restraining Order

Posted about 5 years ago. Applies to California, 2 helpful votes

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A Domestic Violence Restraining Order

The first type is the domestic violence restraining order, sometimes called a DVRO. These orders are obtained by filing a petition with the local Court alleging that someone within the "domestic unit" has used threats of violence, is stalking or has inflicted injury upon the requesting party. These TRO's are generally the easiest to obtain if indeed there is evidence of one of the qualifying criteria. If an arrest took place prior to the request for the order of protection then it is almost certain that a Judge will issue the temporary order and set a hearing date for the issuance of a permanent restraining order, usually with two weeks of the granting of the initial DVRO. Once signed by the Court the order must be served on the individual in order to become valid. At the hearing for permanent restraint, the Judge must find that evidence establishes by a preponderance of facts that one of the elements is satisfied,

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A Civil Harrassment Restraining Order

The other TRO is called Civil Harassment Restraining Orders. In order to get this type of legal action the Court must find that the person seeking relief is the victim of a threat of violence, stalking, been injured physically by the defendant or has endured a pattern of harassment that shows a course of conduct designed to annoy or harass and serves no legitimate purpose. The plaintiff must prove the conduct by clear and convincing evidence at the hearing in Court.

Additional Resources

Restraining Order Defense Lawyer

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