What to Do If a Restraining Order Has Been Placed Against You in Fresno

Being served with a restraining order can be stressful and confusing. Whether it’s a domestic violence restraining order (DVRO), an emergency protective order (EPO), a criminal protective order (CPO), or a civil harassment restraining order, understanding your rights and responsibilities is crucial. Violating a restraining order can result in serious legal consequences, including arrest, fines, and jail time. If you find yourself in this situation in Fresno, here’s what you need to do.

Carefully Read the Restraining Order

The first and most important step is to thoroughly read the entire restraining order. It will include:

• The type of restraining order placed against you.
• The protected person(s) you must avoid.
• The specific restrictions, such as no contact, staying a certain distance away, or moving out of a shared residence.
• The court date for a hearing (if applicable).

Failing to understand the order can result in unintentional violations, which could lead to additional legal trouble.

Follow the Order Immediately

No matter what, you must comply with the restraining order even if you believe it is unfair or unjust. This means:

• No contact with the protected person(s), including through phone calls, texts, emails, social media, or third parties.
• Staying away from prohibited places such as their home, workplace, or school.
• Avoiding any actions that could be interpreted as harassment or intimidation.

Even accidental or indirect contact could result in a criminal charge for violating the order.

Attend the Court Hearing

If the restraining order is temporary, there will usually be a court hearing where a judge decides whether to make it permanent. It is critical that you attend this hearing, as it is your chance to present your side of the story.

Before the hearing:

• Consult with an attorney – A lawyer can help you build a defense, gather evidence, and argue against a permanent order.
• Prepare your evidence – This could include text messages, emails, witness statements, or other proof that disputes the claims made against you.
• Remain calm and respectful – Showing professionalism in court can make a difference in how the judge perceives you.

Gather Evidence to Challenge the Order

If the restraining order is based on false allegations or misunderstandings, collecting evidence is crucial. Helpful evidence might include:

• Text messages or emails showing communication that contradicts the accusations.
• Witness testimony from people who can verify your version of events.
• Surveillance footage or other records proving your whereabouts.

Your attorney can help organize and present this evidence effectively in court.

Do Not Violate the Order Under Any Circumstances

Even if the protected person reaches out to you first, do not respond. Violating a restraining order, even unintentionally, can lead to:

• Immediate arrest.
• Additional criminal charges (which may impact future job opportunities and other aspects of your life).
• Stronger restrictions or an extended restraining order.

If you need to retrieve belongings from a shared home, ask your attorney or the police about arranging a civil standby to do so legally.

Seek Legal Representation Immediately

Navigating a restraining order case alone can be challenging, and a mistake could have serious consequences. A qualified attorney can help you:

• Understand your rights and legal options.
• Prepare a strong defense to challenge the restraining order.
• Negotiate better outcomes, such as modifications or dismissals.

Need Legal Help in Fresno?

If a restraining order has been placed against you in Fresno, don’t wait to seek legal guidance. Mitchell Law Group has extensive experience handling restraining order cases and can help you protect your rights. Contact their team today for a confidential consultation.