Can You File a Restraining Order Against Someone Who Filed One Against You?
If you have been served with a restraining order or notified that a restraining order has been filed against you, you may be confused, concerned, and overwhelmed. Restraining orders can have severe impacts on a person’s life, and it is important that you take the restraining order that was filed against you seriously. Failure to follow or abide by the restraining order could lead to criminal penalties. The good news is you do have options. The first option is to respond to the restraining order and fight the allegations. The second option is to file a restraining order against the other party.
Fighting Your Restraining Order
Simply speaking, you have a right to challenge any restraining order filed against you. Typically, there is a hearing scheduled within 3 weeks of the restraining order being filed. At this hearing, you can present evidence that helps show that a restraining order is not valid based on your conduct in relation to the other party. If you fail to show up to the restraining order to challenge the allegations, then the restraining order will be put into effect.
This hearing is somewhat similar to what you would see in criminal court, and it can be beneficial to have an attorney present to help present evidence on your behalf, provide counter arguments, and build your case. If you need assistance challenging a restraining order in the Bay Area, we may be able to help. Contact our team to schedule a free consultation and learn more about your options.
Filing a Restraining Order Against the Person Who Filed One Against You
One of the most common questions we receive from individuals who have had a restraining order filed against them is, “Can I file a restraining order against someone who filed one against me?” The answer is yes. You do have the ability to file a counter restraining order against the person who filed against you, and it is something that has been very helpful for many of our clients. Often in restraining order cases, there is harassing behavior by the person who initially filed the restraining order. If you can prove that you have been harassed by the other party and you meet the requirements of the restraining order, you can file a restraining order against the other party.
It is important to note that if you are filing a restraining order, the burden of proof falls on you. This means that you must show the court evidence that the other person harassed you in some way or form. Failure to do so may result in a rejection of your restraining order. If you need assistance filing a restraining order in the Bay Area, give us a call to schedule a free consultation.
Filing the Correct Counter Restraining Order
It is also important to note that there are multiple different types of restraining orders you can file in California. If you want to file a restraining order against the person who filed one against you, you must file the correct type of restraining order. The four types of restraining orders in California are:
- Civil Harassment Restraining Order – This is filed against people who have been harassing you that have no relation to you and is the most common type of restraining order.
- Domestic Violence Restraining Order – This is filed against a person you have or had an intimate relationship with.
- Elder Abuse Restraining Order – This is filed by someone over the age of 65, or a dependent adult aged 18-65, who has been subject to harassment.
- Workplace Violence Restraining Order – This is brought forward by a place of employment and cannot be filed by an individual.
Get Help from The Nieves Law Firm
If you are in the Bay Area and you need assistance with a restraining order action, whether you are filing a restraining order, challenging a restraining order, or filing a counter restraining order, we may be able to help. Contact The Nieves Law Firm to schedule a free consultation to see how we can assist you with your restraining order needs.
Author Bio
Stephani Prieto is an attorney at The Nieves Law Firm, having joined the firm as an attorney in September of 2021. Sephani is bilingual and represents clients who speak both Spanish and English. She has experience working in a number of deferent public defender offices throughout California and other states, experience that she utilizes to better serve her clients. Stephani represents clients facing criminal charges involving assault/battery, domestic violence, DUIs, and firearms, as well as those with post-conviction relief or restraining order needs.
Stephani received her law degree from the University of San Francisco School of Law with a certificate in Public Interest and is a member of the State Bar of California. As a Bay Area native, Stephani has a strong connection with the local community and her fellow Bay Area residents. She uses that connection to build a deeper understanding of her clients and create a legal plan tailored to their goals.
