A Civil Harassment Restraining Order can have serious consequences. When a Civil Harassment Restraining Order is filed, the party who the order seeks to restrain will have about three weeks to appear in court to defend themselves against the claims made by the opposing party. Therefore, it is important to seek representation as soon as you can when served with a Civil Harassment Restraining Order to protect your rights.
If the Civil Harassment Restraining Order is granted, the restrained party may have to relinquishment their firearms, have their freedom severely restricted, and face potential criminal prosecution if the order is violated. Criminal charges for violation of a Civil Harassment Restraining Order may include PC 273.6, violation of a restraining order, and PC 29825(b), owning or processing a firearm while under a restraining order. In addition, a criminal conviction may result in jail, probation, fines, and other criminal consequences. A Civil Harassment Restraining Orders can last up to five years.
An experienced attorney in adversarial proceedings in a courtroom is critical for success at a Civil Harassment Restraining Order hearing. He or she will know how to attack the opposing parties’ witnesses through aggressive cross-examination; know the rules of evidence and make appropriate objections; and present evidence that contradicts the arguments being made by the party seeking the order. If the attorney successfully attacks the opposing parties’ evidence, they will argue persuasively for a dismissal.
If you have been served with a Civil Harassment Restraining Order or need representation for a hearing, contact Kern Law, APC today at 619-202-5583 We have successfully defended many clients against the filing of a Civil Harassment Restraining Order.