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Restraining Orders

Santa Barbara Restraining Order AttorNey

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When it comes to representing his clients in battery, domestic violence, or restraining order cases, Sanford Horowitz’s successful legal defense career speaks for itself. A former Prosecutor for the District Attorney’s Offices in Santa Barbara and San Diego Counties, Sanford Horowitz is a seasoned professional whose experience, expertise, and carefully crafted strategies allow his clients to regain their personal freedom and respect.

Even if you’re innocent, being charged with a crime such as battery, assault, or domestic violence is a serious situation that can greatly impact your life and damage your reputation. You will need the right Santa Barbara attorney to fight on your behalf. The key is finding the best legal representation.

Should you find yourself in the position of having restraining order filed against you, it’s absolutely critical to have a highly experienced Santa Barbara criminal defense attorney on your side. Sanford Horowitz Criminal Defense, P.C. has defended numerous clients throughout Santa Barbara County who have been faced with a variety of charges, including assault and battery, domestic violence, probation violations, and restraining order petitions.

If you’d like to schedule a consultation about your case, call (805) 749-5670 or fill out an online contact form.

Fighting a Restraining Order Petition

Restraining orders are typically filed against persons thought to be abusive or exhibiting threatening behavior towards a current or former spouse, partner, boyfriend, girlfriend, or family member. Restraining orders are meant to protect individuals from violence or stalking, as they prevent the accused party from contacting the person who filed the restraining order.

If a civil restraining order has been filed against you, it’s possible that someone in a non-familial, platonic relationship with you feels that you have engaged in harassing behavior. This type of restraining order is more common among neighbors and coworkers.

Over the course of his experience defending clients throughout Santa Barbara County, Sanford Horowitz has repeatedly found that restraining order petitions of all types can be riddled with problems. It’s possible that the petition for a domestic violence, civil harassment, or elder abuse restraining order may have been filed with ill intent.

Perhaps the petitioner wanted full ownership of once-shared residence and property, sole custody of any shared children, or he or she purposefully lied to the court to destroy the other party’s reputation in an act of vengeance. For example, a spouse or ex-spouse could use false accusations of domestic violence as leverage to gain the court’s sympathy and the upper hand in family law cases. Sadly, such a false accusation can implicate the defendant for possible future crimes.

If you are facing the possibility of a restraining order, there’s no question that your personal and professional life, reputation, and livelihood could be at stake. Worse still, violating a restraining order could result in hefty fines and even jail time.

The good news is that most courts will call for temporary restraining orders before deciding that the order should be upheld permanently.

Here are a few defenses that may be used to help your case:

  • Proof that the petitioner has made false accusations
  • Lack of sufficient evidence of violence/aggressive behavior provided by the so-called victim
  • No evidence of harassing, abusive, or otherwise characteristics in defendant

Additionally, the defendant may be able to rely on his or her own spotless criminal record, the alleged victim’s medical records, and witness testimonies.

On the other hand, perhaps you have been charged with violating a restraining order. Those who are issued restraining orders are in violation of the law should they appear at the victim’s residence, workplace, or any place he or she frequently visits. Contacting the petitioner via phone calls, text, email, or social media is also considered violating of the court order.

The consequences of violating a restraining order are not to be taken lightly. You could be arrested, forced to pay a fine, and/or serve a jail sentence. The restraining order may also be amended to stay in effect for an even longer period of time.

Types of Restraining Orders in California

There are several types of restraining orders available, each serving a specific purpose:

  • Emergency Protective Order (EPO): Issued by law enforcement at the scene of a domestic violence incident, an EPO provides immediate protection and lasts up to seven days.
  • Temporary Restraining Order (TRO): Obtained through the court, a TRO is a short-term order issued to prevent harm while waiting for a court hearing. It typically lasts for up to 21 days.
  • Domestic Violence Restraining Order (DVRO): Aimed at protecting victims of domestic violence, a DVRO can be issued for up to five years. It may include provisions for stay-away orders, child custody, and support.
  • Civil Harassment Restraining Order: Applicable in cases of harassment, stalking, or credible threats that do not involve close relationships, this order can be sought by individuals facing non-domestic threats.
  • Elder or Dependent Adult Abuse Restraining Order: Designed to protect elderly or dependent adults from abuse, this order addresses situations where the victim is 65 or older or has specific disabilities.
  • Workplace Violence Restraining Order: Pertinent in cases of violence, credible threats, or stalking at the workplace, this order safeguards employees from harm.

Understanding the nuances of each type of restraining order is crucial for individuals fighting a restraining order in California, and consulting with an experienced Santa Barbara restraining order attorney is advisable to navigate the legal process effectively.

Experienced Criminal Defense Firm in Santa Barbara – Sanford Horowitz Criminal Defense, P.C.

However you got to where you are, Santa Barbara defense attorney Sanford Horowitz Criminal Defense, P.C. knows the law and the best strategies for your defense. We have extensive experience representing clients throughout the Santa Barbara area and want to help you understand the charges you are facing as well as what your rights are under the law.

Don’t wait to contact Sanford Horowitz to ensure that your legal rights are protected. Call today: (805) 749-5670.

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Why Clients Choose Us
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    You are our number one priority in and out of the courtroom.
  • Former Prosecutor on Your Team

    Work with an experienced former prosecutor who knows both sides.

  • Providing Service in Spanish
    Criminal defense provided by a Spanish-speaking team.
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What Clients Are Saying

  • A former prosecutor, Sandy is a skilled litigator who understands both sides of the criminal justice system, which is a tremendous asset. While we hope never to be in a similar situation again, we can recommend Sandy without hesitation.
    - Ann S.
  • A great relief and reassurance to anyone potentially facing criminal charges.
    - S.A.
  • To say that Horowitz is a great lawyer is an understatement. I would highly recommend him to anyone dealing with a legal issue.
    - Haley S.
  • In addition to being highly intelligent and professional, he is incredibly empathetic and kind, which helps when dealing with life’s unpleasant situations.
    - Eli S.