Restraining Order Hearing Results in Dismissal!

Our office was recently retained to represent a client that was served with notice of a hearing for a civil restraining order filed against her. Our client had previously hired our office to represent her on a pre-filing investigation for the underlying alleged criminal offense in which she was given a citation for allegedly violating Penal Code section 203, “Mayhem”, and Section 242, “Battery.”

For the criminal pre-filing investigation, we filed a mitigation package to the arresting police department and the district attorney’s office requesting a “no filing” and providing documentation showing our client’s good character, no prior law enforcement contacts, and full-time employment. Ultimately, the prosecution declined to file criminal charges against our client for this matter.

Months after the altercation, our client was served with notice of a restraining order hearing from the other party. After being retained, we did a complete investigation of the history between the parties, outlined prior contacts, reviewed medical documentation, and prepared our client for potential testimony.

At the restraining order hearing, attorney Steve Escovar vigorously cross-examined the petitioner exposing inconsistencies in her story and critical information that she failed to disclose to the court. After the petitioner’s testimony, the court stated it did not need to hear from the respondent and dismissed the matter.

This is a wonderful result for our client, resulting in a “no filing” of the criminal charges and a complete dismissal of the restraining order!

We can help you now! Call now for a free telephonic consultation at 626.577.7700!

DISCLAIMER:

The information in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from Escovar & Avila, LLP or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this Post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction. The information on this website is a communication and is for informational purposes only. The facts of every case are unique and nothing on this page or on this website should be taken as legal advice for any individual case or situation. The information on this website is not intended to create an attorney-client relationship and viewing of this information does not create an attorney-client relationship. The result portrayed in this advertisement was dependent on the facts of this case. Results will differ if based on different facts.

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