SAN LUIS OBISPO CRIMINAL DEFENSE ATTORNEY – RESTRAINING ORDERS

Sanford Horowitz’s reputation as a seasoned legal professional precedes him. A former Prosecutor for the District Attorney’s Offices in Santa Barbara and San Diego Counties, Sanford Horowitz’s experience, expertise, and tailored legal strategies help him give his clients peace of mind and a renewed sense of freedom.

San Luis Obispo Criminal DEFENSE AREAS OF PRACTICE

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 need the right San Luis Obispo attorney to fight for you. Sanford Horowitz is the right choice for getting the best legal representation in San Luis Obispo County.

If a restraining order is being filed against you, it’s important to have an experienced San Luis Obispo defense attorney on your side. Sanford Horowitz Criminal Defense has defended numerous clients throughout San Luis Obispo County who have been faced with a variety of charges, including assault and battery, domestic violence, probation violations, and restraining order petitions.

San Luis Obispo – FIGHTING A RESTRAINING ORDER PETITION

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 aimed at protecting individuals from violence and stalking by preventing the violator from contacting the person who filed the restraining order.

If a civil restraining order has been filed against you, perhaps someone in a non-familial, platonic relationship with you feels that you have harassed them. This type of restraining order is common among neighbors and coworkers.

Throughout his time defending clients throughout San Luis Obispo County, Sanford Horowitz has found that many restraining order petitions are faulty.

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 benefit in family law cases. This sort of false accusation may also implicate the defendant for possible future crimes.

If you are facing a possible restraining order, your personal and professional life, reputation, and livelihood could be at stake. Not to mention, 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 making them permanent.

Here are a few defenses 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 the 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.

Or, perhaps you have been charged with violating a restraining order. Those who are issued restraining orders are in violation of the law if they appear at the victim’s residence, workplace, or any place he or she frequents. Contacting the petitioner via phone calls, text, email, or social media is also considered violating the court order.

The consequences of violating a restraining order are serious. You could be arrested, forced to pay a fine, and/or serve a jail sentence.

San Luis Obispo– 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, San Luis Obispo defense attorney Sanford Horowitz Criminal Defense knows the law and the best strategies for your defense. We have extensive experience representing clients throughout the San Luis Obispo 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) 749-5670 or fill out this contact form.