Restraining Orders

A restraining order is a legal order issued by a court to protect an individual from being harassed, threatened, stalked, or physically abused by another person. It sets legal boundaries that the restrained person must not cross, such as coming into physical contact with or being in close proximity to the protected individual.

To obtain a restraining order, you must file a petition with the court detailing the reasons you seek protection. The court then reviews your petition and may grant a temporary restraining order (TRO) for immediate protection. A hearing will be scheduled, usually within a few weeks, where both parties can present their case, after which the judge decides on issuing a permanent restraining order.

A Civil Harassment Restraining Order is typically sought when you need protection from someone with whom you do not have a close personal relationship, like a neighbor, coworker, or distant relative. In contrast, a Domestic Violence Restraining Order is for individuals seeking protection from someone they have a close relationship with, such as a spouse, domestic partner, or someone they are dating or have dated.

Consequences may include restrictions on contacting the petitioner, losing custody or visitation rights, and being required to move out of a shared residence. It might also impact employment, especially for jobs requiring security clearances or handling firearms.

Yes, a restraining order can include provisions to protect your children. When filing for a restraining order, you can request that your children be included in the order, thereby extending the protective measures to them.

Violating a restraining order is a criminal offense. If the restrained person breaches the order, you should contact the police immediately. The violator may face arrest, criminal charges, and potential penalties, including fines and jail time.

While it’s possible to obtain a restraining order without a lawyer, having legal representation can significantly benefit your case. A lawyer can help you understand your rights, prepare and present your case more effectively, and navigate the legal complexities involved in obtaining a restraining order.

The duration of a restraining order can vary depending on the type of order and the specifics of your case. Temporary restraining orders typically last until the court hearing for the permanent order, which can be a few weeks. Permanent restraining orders can last for several years and can be renewed if the court deems it necessary for ongoing protection.

A restraining order can impact custody arrangements, especially in cases of domestic violence. The court prioritizes the safety and well-being of the children, and a restraining order against a parent may lead to changes in custody and visitation rights to protect the children from harm.

If you’re wrongly accused of an offense warranting a restraining order in California, remain composed and avoid any interaction with the accuser. If the Judge
has ordered a TRO against you, any direct or indirect contact with the Petitioner is grounds for the Court to find that your have violated a Court Order, warranting possible criminal charges. Promptly seek guidance from a California attorney experienced in restraining order defenses to discuss your next steps.

Absolutely. California law allows you to contest a restraining order at a court hearing, where you can present evidence, witness testimonies, and argue against the allegations. Engaging a knowledgeable attorney can significantly strengthen your defense.

During the hearing, both the petitioner (accuser) and the respondent will have the opportunity to present their cases. This includes submitting evidence, calling witnesses, and making legal arguments. The judge’s decision on whether to issue, modify, or dismiss the restraining order will be based on the evidence presented.

Yes, restraining orders in California can be modified or dissolved. You would need to file a motion demonstrating a significant change in circumstances or proving the order’s redundancy. Legal representation is invaluable for such motions.

In California, a restraining order itself doesn’t equate to a criminal conviction and typically won’t appear on your criminal record. However, violating a restraining order is a criminal offense that can lead to charges affecting your record.

Facing a restraining order based on false accusations requires immediate legal action. Contact West Coast Defense for a consultation to explore your defense options and how we can support you through this challenging time in California.

Our team will help you navigate the complexities of California law whether you need to file for a restraining order or have been wrongfully accused. West Coast Defense offers comprehensive legal support for restraining order cases, from filing the initial petition to representing you in court. West Coast Defense also specializes in California restraining order defenses, providing expert legal representation and guidance. Whatever your needs, our experienced attorneys can provide expert guidance, help you prepare a compelling case, and advocate for your safety and rights throughout the legal process.