Buellton Criminal Defense Attorney-
Restraining Orders – Sanford Horowitz Criminal Defense, P.C.
Buellton Criminal Defense Areas of Practice
Even if you’re innocent, being charged with a crime such as battery, assault, or domestic violence is a serious situation that can greatly impact your life and damage your reputation. You will need the right Santa Barbara County attorney to fight on your behalf. The key is finding the best legal representation.
Should you find yourself in the position of having restraining order filed against you, it’s absolutely critical to have a highly experienced criminal defense attorney on your side. Sanford Horowitz Criminal Defense, P.C. has defended numerous clients throughout Santa Barbara County – including cities in the Santa Ynez Valley such as Buellton – who have been faced with a variety of charges, including assault and battery, domestic violence, probation violations, and restraining order petitions.
Buellton – Fighting a Restraining Order Petition
If a civil restraining order has been filed against you, it’s possible that someone in a non-familial, platonic relationship with you feels that you have engaged in harassing behavior. This type of restraining order is more common among neighbors and coworkers.
Over the course of his experience defending clients throughout the Santa Ynez Valley, Sanford Horowitz has repeatedly found that restraining order petitions of all types can be riddled with problems. It’s possible that the petition for a domestic violence, civil harassment, or elder abuse restraining order may have been filed with ill intent.
Perhaps the petitioner wanted full ownership of once-shared residence and property, sole custody of any shared children, or he or she purposefully lied to the court to destroy the other party’s reputation in an act of vengeance. For example, a spouse or ex-spouse could use false accusations of domestic violence as leverage to gain the court’s sympathy and the upper hand in family law cases. Sadly, such a false accusation can implicate the defendant for possible future crimes.
If you are facing the possibility of a restraining order, there’s no question that your personal and professional life, reputation, and livelihood could be at stake. Worse still, violating a restraining order could result in hefty fines and even jail time.
The good news is that most courts will call for temporary restraining orders before deciding that the order should be upheld permanently.
Here are a few defenses that Sanford Horowitz recommends that may be used to help your case:
- Proof that the petitioner has made false accusations
- Lack of sufficient evidence of violence/aggressive behavior provided by the so-called victim
- No evidence of harassing, abusive, or otherwise characteristics in defendant
Additionally, the defendant may be able to rely on his or her own spotless criminal record, the alleged victim’s medical records, and witness testimonies.
On the other hand, perhaps you have been charged with violating a restraining order. Those who are issued restraining orders are in violation of the law should they appear at the victim’s residence, workplace, or any place he or she frequently visits. Contacting the petitioner via phone calls, text, email, or social media is also considered violating of the court order.
The consequences of violating a restraining order are not to be taken lightly. You could be arrested, forced to pay a fine, and/or serve a jail sentence. The restraining order may also be amended to stay in effect for an even longer period of time.
Buellton – Filing a Restraining Order
If you feel unsafe or fear for the safety of yourself or your loved ones, you can file a restraining order against the person or persons who have wronged you.
It’s important to note that when you explain your situation to law enforcement, you must provide details and proof justifying your need for the restraining order. Your safety will depend on it. You should take note of any incidents where you have been stalked, abused, or threatened to increase the chances of having your petition granted, as the court will need evidence to determine whether or not your safety has been compromised.
Alternatively, if you are not a victim of domestic violence or stalking, you can choose to file a civil harassment restraining order against a person who is not a family member or romantic relation, such as a neighbor who regularly disturbs you.
However you got to where you are, Buellton defense attorney Sanford Horowitz Criminal Defense, P.C. knows the law and the best strategies for your defense. We have extensive experience representing clients throughout the Buellton area and want to help you understand the charges you are facing as well as what your rights are under the law. If you’d like to schedule a consultation about your case, call 805-452-7214 or fill out this contact form.
Experienced Criminal Defense Firm in Buellton – Sanford Horowitz Criminal Defense, P.C.
Don’t wait to contact Sanford Horowitz to ensure that your legal rights are protected.