Top Restraining Order Attorney Services
Being served with a restraining order can be a jarring and disruptive experience, even if you believe the allegations are unfounded. The restrictions imposed by a restraining order can severely impact your life, limiting your access to your home, your children, and even your workplace. If you’re facing a restraining order in San Diego, you need a skilled and experienced restraining order lawyer to protect your rights and fight for a just outcome.
California Restraining Order Laws: Understanding the Impact
In California, restraining orders (also known as protective orders) can be issued in cases of domestic violence, harassment, elder abuse, and civil harassment. Violating a restraining order is a crime, and penalties can include:
- Misdemeanor Charges: A first violation is typically a misdemeanor, punishable by up to one year in jail and/or a fine of up to $1,000.
- Felony Charges: Subsequent violations or violations involving violence or threats can lead to felony charges with more severe penalties.
- Additional Consequences: A restraining order on your record can impact your ability to obtain certain jobs, housing, or professional licenses.
Why Choose Superior Law Center for Your Defense?
- Experienced Advocacy: Our attorneys have extensive experience handling restraining order cases in San Diego. We understand the intricacies of the law and the procedures involved.
- Thorough Case Evaluation: We’ll carefully review the allegations against you, identify any weaknesses in the petitioner’s case, and develop a strong defense strategy tailored to your situation.
- Aggressive Representation: We’ll fight aggressively to protect your rights and challenge the restraining order. We’ll present your story, cross-examine witnesses, and advocate for a fair resolution.
- Local Expertise: We deeply understand the San Diego court system and the judges who handle restraining order cases, giving us an advantage in navigating the legal process.
Understanding Restraining Orders
Restraining orders, also known as protective orders, shield individuals from harassment or abuse by designated persons. In California, the primary purpose of a restraining order is to protect a person from physical pain, injury, or threats.
These orders help maintain separation and prevent contact with the abuser.
What Is A Restraining Order?
A restraining order aims to protect individuals from:
- physical or sexual abuse
- threats
- stalking
- harassment
These orders can be issued against individuals involved in intimate relationships or those who threaten the protected party’s safety. People often seek restraining orders due to harassment, stalking, intimidation, threats, and insults.
Individuals who can request a protective injunction include intimate partners, family members, children 12 or older, elderly individuals, and dependent adults. Granting a restraining order requires demonstrating threatening behavior affecting the protected party. This criterion ensures the court issues orders only when there is a genuine need for protection.
Types of Restraining Orders in California
California has four main types of restraining orders. These include domestic violence, civil harassment, elder or dependent adult abuse, and workplace violence. Husbands, wives, ex-spouses, intimate partners, and blood relatives can apply for a Domestic Violence Restraining Order (DVRO). These orders typically last a minimum of three years and can include allegations of emotional, psychological, and physical abuse.
Civil harassment restraining orders protect individuals from harassment, threats, or abuse from someone unrelated or unknown to them. A civil harassment restraining order is designed to protect vulnerable adults from abuse, although specific details are less frequently highlighted.
Workplace Violence Restraining Orders address violence or threats in the work environment, ensuring safety.
How Restraining Orders Work
Restraining orders typically include conditions such as staying away from the protected individual and prohibiting any form of contact, directly or indirectly. Prohibited conduct typically includes any form of contact that might lead to abuse or physical force. Conditions typically require adherence to court orders, including staying away from the victim.
Restrictions often cover access to family households, schools, and childcare, impacting all individuals named in the order. A restraining order can require a restrained person to leave their home.
Personal conduct orders forbid certain behaviors. This includes attacking, stalking, or contacting the protected party.
Filing for a Restraining Order
The process of filing a restraining order in California involves completing the necessary paperwork. This can be done at the court, or you may have an attorney assist you with it.
Thorough preparation is vital, as the success of your application depends on the evidence and documentation provided.
Preparing Your Application
Detailed evidence and documentation reflecting the situation are necessary to support your application. This evidence must illustrate the circumstances that warrant the restraining order.
To obtain a Temporary Restraining Order (TRO) in California, reasonable proof of harassment and potential for great or irreparable harm must be shown.
Temporary Restraining Orders (TRO)
A Temporary Restraining Order (TRO) is an order for protection against harassment or imminent threats. The purpose of a TRO is to prevent contact with the victim until a permanent restraining order is established or the case is dismissed. Anyone alleging physical harm or emotional abuse can obtain a temporary restraining order.
Filing a TRO initially involves submitting paperwork for a judge’s review without a formal hearing. When seeking a temporary restraining order, there is no hearing involved, and there is also no opportunity to speak with the judge. After the clerk accepts the restraining order petition, it is forwarded to a judge. The Judge will then review the petition.
A Temporary Restraining Order (TRO) usually lasts a few weeks, but the details of the case can justify a TRO lasting only a few months.
Permanent Restraining Orders
The standard of proof required for a permanent restraining order hearing is clear and convincing evidence. For domestic violence restraining orders, the standard of proof is a preponderance of the evidence. Once a Temporary Restraining Order (TRO) is issued, a hearing will be held after approximately three weeks to decide on a Permanent Restraining Order.
Both sides will be able to present their arguments during the hearing. Gathering facts and witness statements to support your case for a permanent restraining order is essential. Properly assembled evidence compliant with court rules is essential for obtaining a restraining order.
Judges assess witnesses’ credibility, demeanor, and responses during restraining order hearings.
Consequences of Violating a Restraining Order
Under California law, violating a protective order is a misdemeanor. The penalties for violating such court orders can involve both fines and incarceration. Moreover, violating a restraining order can trigger an arrest, leading to significant legal and personal consequences.
Legal Penalties
Repeated violations of a restraining order can escalate to felony charges. A Domestic Violence Restraining Order (DVRO) violation can be prosecuted under Penal Code 136.1 and 136.2 as a felony or misdemeanor. Violations involving violence are classified as wobblers, potentially resulting in harsher penalties.
A violation can lead to a misdemeanor charge with penalties of up to 12 months in jail and a minimum $1,000 fine. Judges may impose probation instead of jail time for first-time offenders under certain conditions.
Violations involving violence can lead to penalties including 36 months in prison and at least a $10,000 fine if charged as a felony.
Impact on Firearm Ownership
Those under a restraining order are usually prohibited from buying firearms during its duration and for the lifetime of the order. Possession of firearms is often restricted if an individual has violated a protective order.
This is a significant consequence that can affect personal security and hobbies.
Other Long-Term Effects
Restraining orders can significantly impact personal relationships, often leading to forced separation. Families affected by restraining orders often face enforced separation, straining their relationships, including those with a family member.
Complying with restraining orders poses various challenges, such as prohibiting contact with children or coworkers. Supervised visitations required by restraining orders may lead to prohibitive costs, affecting family relationships and visitation options.
Responding to a Restraining Order
Guidance from a competent attorney is essential to understand and challenge a restraining order. A lack of present capacity can be a defense for accidentally breaching the order. An experienced attorney is crucial for navigating the complexities of the restraining order process.
Immediate Steps to Take
Contact your attorney immediately to start preparing for the hearing. Compliance with the temporary restraining order (TRO) is mandatory, as it sets the rules until the court hearing.
Violations of restraining orders can occur unintentionally, such as accidental meetings at events.
Preparing for the Hearing
The prosecutor needs to prove that the violation occurred. Those served with a restraining order have the right to be notified and to respond to the allegations.
At the hearing, you must demonstrate why a Permanent Restraining Order is unnecessary or prove your innocence regarding the accusations.
Legal Representation
Issuing threats or causing harm to an intimate partner can result in criminal charges and protective orders. A restraining order based on misleading evidence will be considered illegitimate. Consequently, there will be no criminal liability for any violations of it.
An experienced restraining order attorney is crucial for navigating the complexities of the legal process.
"Eric is very good at being your voice in the field of law. If you need some that is responsible, when it come to taking care of your legal needs. This lawyer has gone the extra mile for me and so has the great people he works with. I thank you."
We also offer little or no money down, and offer affordable payment plans to those who need help. At Superior Law Center, our experienced San Diego trial lawyer will use the best defense strategies possible to protect your innocence and your future! ALL of your rights will be protected immediately, and we will NOT stop until we have secured your freedom and gotten the BEST possible outcome for you or your loved ones.
Often times, we can stop police investigations before you EVER get charged with a crime. (If you have NOT been formally charged, read more about pre-file investigations.)