If you have been criminally accused of domestic violence, then you will have a domestic violence restraining order issued against you. It is essential that you understand the ramifications of this because violating a restraining order can have significant consequences. Keep reading to learn more about what can be used against you to have a domestic violence restraining order filed. Then contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation.
Domestic Violence Restraining Orders Can Only Be Filed by Certain Parties
Not just anyone can have a domestic violence restraining order filed against them. They must be legally married to or a registered domestic partner to the party, their significant other, their former spouse, or someone they live with. A child over the age of 11 can file a restraining order on their own, or someone can file it on their behalf.
Note that this does not require that the parties involved are romantically involved. Though many people think of domestic disputes occurring only between romantic partners, legally speaking, anyone you live with can file a domestic violence restraining order against you.
How Someone Files a Domestic Violence Restraining Order Against You
A person who seeks a restraining order is called the petitioner. They must file a declaration about the alleged abuse or harassment and sign it under penalty of perjury. They must then provide evidence to the court that they have been the victim of the abuse they claim, however the burden of proof is low.
In a court of law, they would need to prove beyond a reasonable doubt that the alleged perpetrator took the actions they are alleging, but to get a restraining order filed, they only need to prove that there is a “preponderance of the evidence,” which essentially means that the judge believes it more likely than not that the alleged abuse or harassment took place.
Many Types of Evidence Can Be Used
There are a number of types of evidence that the petitioner can use to prove their case. This includes text messages, voicemails, police reports, witnesses, evidence of past conduct, and medical records. Note that this is just a partial list – they can use just about anything to show the court that a restraining order has been filed.
What to Do if a Restraining Order is Filed Against You
If you have a restraining order filed against you, the first thing you should do is to contact a criminal defense attorney. Do this even if there are no charges being filed against you at this time. This is not something to “wait and see” about – it is something to take action on right away. Contact Law Office of Michael L. Fell at (949) 585-9055 now for a free legal consultation.