Fighting for Your Rights & Best Interests in Sacramento County, CA
Restraining orders, also known as protective orders, are sought by alleged victims of threats, harm, or harassment through court intervention. These legal instruments are intended to ensure the safety of the protected party. They generally impose numerous restrictions and conditions upon the alleged abuser. Their conditions can drastically alter one’s life, impacting personal, family, and professional areas.
At Law Office of Mathew Martinez, we are equipped with the knowledge and experience to represent you in fighting restraining orders across several situations. We offer comprehensive strategies to protect your rights while aiming for optimum outcomes. Whether negotiating terms, preparing for hearings, or providing aggressive courtroom advocacy, our firm is committed to providing skilled representation. Attorney Martinez is a former prosecutor with decades of invaluable experience in California criminal law.
Our Restraining Order Defense Services in Sacramento
We represent clients in defending against the following:
Civil harassment restraining orders: These apply to harassment situations involving individuals who do not share a domestic relationship, such as neighbors, friends, or colleagues. The order can prevent contact, require the accused to stay a certain distance away and prohibit any form of communication with the petitioner.
Workplace violence restraining orders: Employers can seek these orders to protect employees from violence or threats at work. They can help prevent conflict escalation by prohibiting the accused from entering the workplace or contacting employees.
Elder abuse restraining orders: Specifically designed to protect seniors, these orders address physical, financial, or psychological abuse faced by elderly individuals. Beyond imposing no-contact directives, they may require financial restitution or address specific caregiving arrangements.
In addition to the abovementioned conditions, restraining orders can force you to surrender firearms or weapons or participate in specific counseling or rehabilitation programs.
Experience MattersFormer Prosecutor on Your Side
With over 20 years of experience, including 13 years as a prosecutor, Mathew Martinez is committed to fighting for your rights and achieving the best possible outcome.
The above restraining orders can have severe consequences on your personal and professional life, such as:
Emotional distress: Restraining orders can cause significant emotional distress for the individual named in them. They may feel humiliated, isolated, and stigmatized.
Family strain: Restraining orders can strain relationships with family and friends, as the individual may be limited in contacting them.
Financial hardship: Restraining orders can lead to financial difficulties, as they may limit the individual's ability to work or maintain their current lifestyle.
Loss of reputation: Being named in a restraining order can damage an individual's reputation, making it difficult to find new employment or maintain social relationships.
Employment loss: Restraining orders can lead to job loss, especially if the order prohibits the individual from contacting or coming near their workplace.
Difficulty finding new employment: Potential employers may be hesitant to hire someone named in a restraining order, as they may perceive them as a risk to the workplace.
“Straight, honest and concise.”
Matthew is a great lawyer who understands his client's needs. Took me on when everyone was trying to bring me down. Did not give embellished ideas. Was straight, honest and concise. You can not go wrong Matthew. Thank you sir if I could give you a hundred stars I would.
David M.
“I highly recommend attorney Mathew Martinez.”
I highly recommend attorney Mathew Martinez. He did everything he could to successfully represent me in court, and consequently, I was able to walk charge free due to Mr. Martinez's persistence. He is incredibly professional and dedicated, and as such, I highly recommend attorney Mathew Martinez.
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“Highly recommend.”
“His experience as a DA puts him ahead of all others. He is a good honest attorney that can be trusted.”
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“Honest, hardworking and responsive.”
I would recommend Matt to anyone without hesitation. He went above and beyond to help me in a time of need, ease my nerves about the process and work professionally.
The Legal Process for Restraining Orders & How to Challenge Them
The Legal Process for Obtaining a Restraining Order
The person seeking the restraining order, known as the petitioner, must file a petition with the court. This petition outlines the alleged abuse and the reasons why a restraining order is necessary.
The court will schedule a hearing to determine whether to grant the restraining order. At the hearing, both the petitioner and the respondent (the person against whom the restraining order is sought) can present evidence and arguments.
The judge will decide whether to grant the restraining order. If granted, the order will include specific terms and conditions, such as no-contact provisions or stay-away orders.
Challenging a Restraining Order in Sacramento
If you are the respondent named in a restraining order, you may be able to challenge it. You must file a response to the petition within a specified time frame. In your response, you can deny the allegations of abuse or argue that the restraining order is not necessary.
You may request a hearing to present your case and challenge the evidence presented by the petitioner. Gather any evidence that supports your claim that the restraining order is unjustified. This may include witness statements, text messages, emails, or other documentation.
You will have the opportunity to present your evidence and arguments to the judge at the hearing. If the judge denies your request to modify or terminate the restraining order, you may be able to appeal the decision to a higher court.
Challenging a restraining order can be a complex legal process. If you face such a challenge, we urge you to consult Mathew Martinez, who can represent you in a hearing or trial. Mr. Martinez is a proven litigator who has conducted over 50 jury trials and hundreds of preliminary hearings. His skill and experience can be pivotal in reaching favorable outcomes.
We believe everyone deserves access to quality legal guidance, which is why we offer free consultations.
Trial-Tested Representation
With more than 60 jury trials under his belt, Attorney Martinez brings unmatched experience to every case, ensuring you're represented by a seasoned professional.
Strategic Approach
We believe in fighting for our clients with unwavering dedication and providing clear, strategic guidance every step of the way.
Aggressive, Experienced Defense
With 20+ years of experience, including 13 as a prosecutor, Attorney Martinez is known for his relentless, aggressive defense.
