Santa Maria Criminal Defense Attorney-
Restraining Orders – Sanford Horowitz Criminal Defense, P.C.
Domestic violence, abuse, and assault are serious charges. And they’re just as serious when someone is falsely accused of these crimes.
Although restraining orders are aimed at protecting individuals from harm, there are many instances in which defendants are falsely accused and forced to endure irreparable damage. This is especially true for men, who are generally viewed as having a higher tendency towards violence than women.
When it comes to representing his clients in battery, domestic violence, and restraining order cases, Sanford Horowitz’s successful legal defense career speaks for itself. A former Prosecutor for the District Attorney’s Offices in Santa Barbara and San Diego Counties, Sanford Horowitz is a seasoned professional whose experience, expertise, and thoughtful strategies have allowed clients throughout the Santa Maria area to regain their personal freedom and respect.
Santa Maria Criminal Defense Areas of Practice
Being charged with a crime such as domestic violence or violation of a restraining order can negatively impact your personal life and reputation. That makes finding the right attorney to fight on your behalf more critical than ever.
If a restraining order is filed against you, it is important to have a highly experienced criminal defense attorney on your side. Sanford Horowitz Criminal Defense, P.C. has defended numerous clients throughout cities in Santa Barbara County (including Santa Barbara, Montecito, Goleta, and Santa Maria) who have faced a variety of charges, including assault and battery, domestic violence, probation violations, and restraining orders.
Santa Maria – Fighting a Restraining Order Petition
Throughout his time defending clients in the city of Santa Maria, Sanford Horowitz has found that restraining order petitions are a problematic legal area to say the least. Because “fear of harm” can be a vague standard for cases in which one’s safety is compromised, it is common for defendants to fall victim to a flawed legal system.
Restraining orders are filed against persons thought to be abusive or exhibiting threatening behavior towards a current or former spouse, partner, boyfriend, girlfriend, or family member. Restraining orders are meant to protect individuals from violence or stalking, as they prevent the accused party from contacting the person who filed the restraining order.
If a civil restraining order has been filed against you, it’s possible that someone in your life feels that you have engaged in harassing behavior. This type of restraining order is common among neighbors.
Often times, claims of domestic violence, civil harassment, and elder abuse restraining order may are filed when no one’s safety is actually at risk. This is fairly common in family law cases. An ex-spouse may have wanted full ownership of once-shared residence and property, sole custody of any shared children, or personal vengeance against the defendant. For example, a spouse or ex-spouse might make false accusations of domestic violence as leverage to gain the court’s sympathy and the advantage in family law cases. Sadly, such false accusations can implicate the defendant for possible future crimes.
If you are facing the possibility of a restraining order, your personal and professional life, reputation, and livelihood could be at stake.
However, most courts will call for temporary restraining orders before concluding that the order should be upheld permanently.
But what if 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 serious. You may 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.
The following may be used as defenses to help your case in court:
- 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 to prove innocence.
To further protect yourself from false allegations, you may also:
- Avoid any potential conflicts with the person filing the restraining order
- Recruit witnesses who can speak for your innocence
- Note any inconsistencies in the petitioner’s claims or behaviors
- Cite your clean criminal record
- Cite the alleged victim’s medical records as evidence that you did not commit any act of violence against him or her
Santa Maria – 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.
Whether you’re looking to filing a domestic violence restraining order or a civil harassment court order, Santa Barbara County 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 Santa Maria 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 Santa Barbara County – Sanford Horowitz Criminal Defense, P.C.
Don’t wait to contact Sanford Horowitz to ensure that your legal rights are protected.