I’ve been served with a restraining order. Now what?

Posted by Adrian S. Doty, Esq. | Nov 22, 2022 | 0 Comments

If a court issues a restraining order against you following a domestic violence matter, it means that you will be barred from contacting your accuser for a certain time period. This will probably bar you from visiting your accuser's home and place of work or from contacting them in any way. 

A restraining order, even a temporary one, should never be taken lightly. If your spouse or partner obtains a restraining order against you, it is important that you know what to do as well as what mistakes to avoid. 

So how should you respond to a restraining order?

If the court issues a restraining order against you, it is in your best interest that you act fast. Here is what you need to do when there is an active restraining order on you:

Read and understand the terms of the restraining order

The importance of reading and understanding the terms of the restraining order cannot be overemphasized. The last thing you want is to find yourself violating the order. This, in and of itself, is a crime with serious consequences.  

Gather whatever evidence you can to support your side

With the help of your defense, you should gather any physical evidence relating to the incident that prompted your spouse to obtain the restraining order. These may include witness statements, clothing, surveillance footage, emails and phone records, computer records or anything else that's relevant. You will get your day in court and be permitted to fight the accusations, but you need to be prepared. 

If you are charged with domestic violence, there is a pretty good chance a restraining order will be issued against you. Find out how you can safeguard your rights and interests while responding to a restraining order.

About the Author

Adrian S. Doty, Esq.

Adrian Doty is a Senior Associate Attorney at Sunnen Law. Mr. Doty began his legal career working as a civil litigation attorney in Los Angeles before moving to the Bay Area in 2014 where he gained complex civil and family law litigation experience working for one of the largest family law firms.He has experience with a variety of complex Family Law matters, including complex and high-net-worth case matters custody and visitation disputes, contempt and post-judgment enforcement, military-family law issues, and domestic violence restraining orders. Mr. Doty understands how emotionally difficult family law matters can be, which is why he is dedicated to the efficient management of his client's cases. While he always works to achieve settlements through negotiation when possible, he aggressively litigates to protect his clients' interests when necessary. 


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