What are the Legal Defenses to a California Restraining Order?

January 15, 2023

A restraining order is a court-ordered document that prohibits one person from having any contact or communication with another person. In California, restraining orders are typically sought by individuals who have been the victims of domestic violence, stalking, or harassment. However, in some cases, the person against whom the restraining order is sought may have a valid legal defense.

One common defense to a restraining order is that the alleged victim has fabricated or exaggerated the allegations of abuse or harassment. This defense may be raised if the person against whom the restraining order is sought believes that the allegations are false or not supported by evidence. In this case, the person may present evidence such as witness statements or text messages to show that the allegations are not true.

Another defense to a restraining order is that the person against whom the order is sought did not intend to cause harm or fear to the alleged victim. This defense may be raised if the person’s actions were not intended to be abusive or harassing, but rather were the result of a misunderstanding or miscommunication. For example, if the person sent text messages to the alleged victim, but did not intend for them to be threatening or harassing, they may argue that their actions were not malicious.

A third defense to a restraining order is that the person against whom the order is sought did not have the ability to cause harm or fear to the alleged victim. This defense may be raised if the person is physically or mentally incapacitated, or if they live in a different state or country and do not have the means to contact the alleged victim. In this case, the person may argue that the restraining order is unnecessary and that the alleged victim is not in danger.

A fourth defense to a restraining order is that the person against whom the order is sought has a constitutional right to free speech or expression. This defense may be raised if the person’s actions, such as posting on social media, are protected by the First Amendment. In this case, the person may argue that the restraining order is a violation of their constitutional rights and that their actions are protected speech.

A fifth defense to a restraining order is that the person against whom the order is sought is innocent and has been falsely accused. This defense may be raised if the person did not commit the alleged act of abuse or harassment, and the alleged victim has falsely accused them. In this case, the person may present evidence such as alibis or witness statements to show that they were not present at the time of the alleged incident.

It’s important to note that these defenses are not mutually exclusive, and a person may use multiple defenses in their case. Additionally, the evidence and argument presented by the defense will be evaluated by the court and will be subject to the judge’s decision.

If you have been served with a restraining order and you’re seeking legal guidance, then contact the Law Offices of John D. Rogers today. Call us to schedule a free confidential consultation with an experienced Orange County restraining order attorney.

Leave a Reply

Your email address will not be published.


5 + two =

In the Media
abc 7 kcal 2 kcal 9 LA Weekly Los Angeles Times NBC

Contact Us For A Free Case Evaluation

(949) 625-4487
4000 MacArthur Blvd. East Tower Suite 615 Newport Beach, CA 92660

Contact Us

24 Hour Response Time