A judge can grant a civil harassment restraining order against you to protect an alleged victim from stalking, harassment, or abuse. It prohibits you from engaging in conduct that threatens or harms another person. If the judge issues the protective order against you, you should adhere to its conditions to avoid facing criminal charges. The conditions can significantly impact your daily life. Knowing how to fight the order and consult an attorney is in your best interests. 

Defining a Civil Harassment Restraining Order

The court issues this restraining order against a person with whom the alleged victim is not closely associated or does not have an intimate relationship with. It includes a colleague, neighbor, or landlord.

The restraining order can entail different forms of orders, including the following:

• Not contacting the victim
• Not stalking, harming, threatening, or harassing an individual protected by the order
• Staying away from the victim by a specific distance
• Not owning or possessing body armor, ammunition, or a firearm

Personal, Professional, and Legal Consequences of the Protective Order

The effects below outline why you should challenge a restraining order against you:

• Employment — The restraining order can affect your future job prospects, mainly for positions requiring background checks.
• Some landlords refuse to rent to individuals with protective orders against them.
• The stigma associated with a protective order can hurt your community standing and personal relationships.
• Potential criminal charges — Violating terms of your restraining order is a crime.

Understanding the Process of Challenging a Civil Harassment  Restraining Order

When fighting a civil harassment restraining order, you should do the following:

Understand the Accusations Against You

You should carefully assess the restraining order documentation to know the specific accusations against you. The paperwork contains the alleged reasons for the civil harassment restraining order and its restrictions. Understanding the allegations helps you prepare a strong defense.

If a person has filed this protective order against you, you will receive the following forms:

• Form CH-109 (Notice of Court Hearing) — The form informs you when to make a court appearance because the individual highlighted in number 1 has requested the court for a protective order against you. If you disagree with the protective order, you must attend the court hearing to disclose why you disagree. If you fail to make the court appearance, the judge could issue a protective order that lasts up to 5 years. Look at number 3 on Form CH-109 to see the court hearing's location, time, and date.
• Form CH-100 (Request for Civil Harassment Restraining Orders) — On this form, the alleged victim checked all orders they wanted the court to impose. If you disagree with any order, you should attend the scheduled hearing to inform the court why you disagree. Additionally, you can tell the judge in writing before your hearing date.
• Form CH-110 (Temporary Protective Order) — The form informs you whether the judge has issued any temporary order against you. Read it thoroughly and abide by the order. Violating any order can result in your arrest, incarceration, or being charged with an offense. If you own a firearm or gun, you should sell it, store it with a licensed gun dealer or police, or turn it in. If you have body armor, you should relinquish it. You must prove to the court that you complied with your firearm orders by completing Form CH-800 (Proof of Firearms Turned In, Sold, or Stored) and then filing an original copy with the court within 48 hours of receiving the protective order.

Collect Relevant Evidence

Helpful proof to build your defense can include the following:

• Electronic communications like text messages, emails, or social media posts
• Witness testimonies — Statements from people who can testify about your character or offer an alibi.
• Documentary evidence, like police reports, medical records, or other official documentation, could offer context or refute the accusations.
• Tangible proof — Physical items can include videos or photographs
• Collect all records and documents that could relate to your case, like receipts, emails, GPS records, phone records, computer records, and documentation that could prove where you were during the incident

Before the judge issues a civil harassment restraining order, the petitioner should establish the accusations by a preponderance of the evidence. The above pieces of evidence can disprove or discredit the petitioner’s accusations. For instance, you can use receipts to prove you were out of Los Angeles the day the alleged incident happened. You can also use your GPS records to refute the petitioner’s claims that you drove to their house.

Ensure you present your evidence to your lawyer so that they can build a strong case.

Responding to a Civil Harassment Restraining Order Against You

Responding refers to notifying the court and the alleged victim whether you disagree or agree with the request for the protective order. If you seek to respond via writing, you can fill out the relevant paperwork and submit it to the courthouse. A response in writing is optional, and there are no penalties if you fail to.

Before starting, it is crucial to seek skilled legal assistance. You can complete the process without a lawyer. However, an attorney can guide you since anything you place in the paper may be used as evidence against you during a criminal case. Your lawyer will also assist you in crafting this paperwork, ensuring it addresses all issues in the protective order.

Here is the process of responding to the protective order:

• Complete Form CH-120 (Response to Request for Civil Harassment Restraining Orders). Ensure you attach copies of your evidence, including text messages and photos. You may request additional time from the judge during your court hearing to gather necessary evidence.
• After completing and signing form CH-120, make two (2) copies.
• Next, take the copies and forms outlined in the documents you were served to the court. At the court, you will give the clerk all the forms. The court clerk will retain the original and stamp the copies before returning them to you. One copy is yours, while the other belongs to the alleged victim.

Prepare for Your Hearing

The court conducts a hearing to decide whether to modify, uphold, or dismiss the restraining order. Getting ready for this hearing requires you to do the following:

• Assess your case — Get well acquainted with all details relating to your case, like proof and witness testimonies.
• Work closely with your legal counsel — In partnership with your lawyer, ensure all the different factors of your defense are addressed effectively.
• Practice your testimony — Rehearse what you will say in court, focusing on consistency and clarity.

Present the case in Court

During the court hearing, you and the petitioner will have a chance to present arguments that support your version of the story. Some helpful tips to guide you in court include the following:

• Remain calm, courteous, and composed throughout the court proceeding
• It is okay to carry and read notes since you might feel overwhelmed and nervous.
• Highlight discrepancies — If inconsistencies or errors exist in your accuser’s evidence or testimony, be sure to speak about them.
• Be truthful — Provide straightforward and honest answers to the judge and the petitioner's lawyer.
• If you have proof for the court to analyze, notify the judge. It can be witnesses or documents like photos, emails, or text messages. You should carry three copies of all documents you want the court to see. One is yours, one remains with the court, and one is for the petitioner.

Await the Court’s Decision

During the court hearing, the judge will listen to all involved parties before determining whether to modify, uphold, or dismiss the protective order. If the court upholds the restraining order, you can appeal the verdict. Your lawyer will assist you throughout the appeals procedure.

Strategies to Fight a Civil Harassment Restraining Order against You

Some of the legal defenses you and your attorney can use to fight the protective order against you include the following:

• You can claim that you are a victim of false accusation — The alleged victim can falsely accuse you of harassing, threatening, or stalking them due to vengeance, anger, or jealousy. You can fight the allegations by questioning the victim’s credibility and analyzing their statements for inconsistencies. Highlighting the discrepancies in court casts doubt on the accusation’s truth. 
• Claim miscommunications or misunderstandings — Sometimes words or actions are misinterpreted as abusive or threatening. You could invalidate the protective order by clarifying the context and offering precise, factual details.
• Absence of evidence — If the victim cannot prove you threatened, abused, or harassed them, the court can dismiss the protective order.
• Present counterproof — You can present evidence of your innocence by documenting your whereabouts during the alleged incident(s) using witness testimonies, receipts, and timestamps. Additionally, you can provide proof contradicting the victim’s narrative. This evidence includes photographs, videos, text messages, and emails that reveal the nature of your interactions and relationship.
• Prove absence of imminent danger— Establishing that there is no pending danger or threat to the petitioner can cause the judge to dismiss the matter. Proving the situation is not as volatile as the petitioner states is a valid legal defense.

Mistakes to Avoid When Challenging a Restraining Order Against You

You should avoid doing the following to avoid being slapped with criminal charges:

• Avoid destroying evidence that may be unfavorable to your case, as it could negatively affect your credibility
• Avoid talking to the victim or witnesses you expect will testify against you. No contact implies no contact. For example, do not request a third party to relay your messages to the victim or meet with the petitioner when they request you to meet and settle the matter.
• Do not ignore a temporary restraining order if the judge has issued one

Importance of Seeking Legal Representation

Civil harassment restraining orders are a civil issue, not a criminal matter, and nobody has a right to legal representation. However, as discussed in the section below, seeking legal representation is well worth the cost. Your attorney will do the following:

• Offer you the expertise and wealth of knowledge of the law, preventing you from making expensive mistakes.
• Review the restraining order against you and analyze the strength of the petitioner’s case to develop a legal strategy based on your case circumstances.
• Advise you on the proper etiquette to use in the courtroom and how to dress.
• Prepare you for the court hearing — Your legal counsel will help you prepare for your testimony at the court hearing. Being well-prepared on what to say and how to present your testimony prevents self-incrimination.
• The professional knows and will advise you on the appropriate documents to file with the court. They will also ensure you submit the relevant paperwork in a timely manner.
• Handle all communications for you. That way, you can avoid self-incrimination.
• There are numerous unforeseen repercussions of having a protective order against you. For instance, you cannot own or possess a firearm while there is an effective protective order against you.
• Properly organize your evidence — Your lawyer can organize proof like text messages between you and the petitioner after and during the conflict and photos to support your version of the story.
• The attorney will represent you before the judge and ensure the court hears your side of the story. They will use compelling arguments and evidence to prove your conduct was unintentional and does not warrant issuing the protective order.
• Interview witnesses — A witness is a person present during the incident from which the protective order stems.  Your lawyer will interview them and ask them to attend your court hearing.

Find Skilled Legal Assistance Near Me

While civil harassment restraining orders are designed to protect alleged victims from harassment, stalking, and threatening conduct, some people use them as a tool to punish others. A protective order can significantly affect your life, making it essential to challenge it. For instance, it can adversely impact your reputation and ability to own firearms. Goldman Flores Restraining Order Law Firm, a California-based law firm, can protect your rights and ensure you have a fair shot at challenging the restraining order. Please contact us at 213-341-4087 to book your initial consultation and learn how we can help you.