We recently defended an individual who was the restrained party in a Domestic Violence Temporary Restraining Order (TRO). The matter went to trial this Fall 2017 over the course of two and a half days. We were successful in that the court found that there was no abuse and therefore no basis for issuing a permanent restraining order. In addition, our client was awarded a substantial amount of attorney’s fees against the party seeking the restraining order.
Domestic violence is serious and the Alameda County Superior Court employs a “zero tolerance” policy against such matters. In assessing a defense to a TRO, the definition of “abuse” should first be examined. California Family Code section 6200 et seq. defines “abuse” as several ways, including intentionally or recklessly causing or attempting to cause bodily injury, sexual assault, placing someone in reasonable apprehension of imminent serious bodily injury or engaging in behavior that constitutes molesting, attacking, stalking or harassing.
If you have any questions, please contact us for a free consultation.