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FAQs About Restraining Orders in California

Posted on in Criminal Defense

restraining orders, domestic violence, San Jose restraining order defense lawyers, temporary restraining order, criminal defense attorneyNowadays restraining orders are quite common. In fact, one source notes that on any given day there are approximately 1.2 million domestic violence restraining orders in effect across the United States. However, the knowledge that restraining orders are commonplace likely provides little comfort when one is issued against you personally.

What might help is getting some of your questions answered. Therefore, if a California restraining order has been issued against you we recommend that you first read through the frequently asked questions that have been answered below and then ask a local criminal defense attorney any case specific questions that you might have.

Q: What is a restraining order?

A: A restraining order (commonly referred to as a “protective order”) is an order issued by the court that is designed to protect a particular individual from being abused (either sexually or physically), stalked, threatened, or harassed by someone else. Here in California we have several different types of restraining orders, each of which functions in a slightly different fashion.

Q: What are the different types of restraining orders that are available in California?

A: There are currently four different types of restraining orders that are available in California: (1) domestic violence restraining orders, (2) elder or dependent adult abuse restraining orders, (3) civil harassment restraining orders, and (4) workplace violence restraining orders.

Q: What does a restraining order do?

A: Restraining orders in California are individually tailored to suit the particular circumstances under which they are issued but they often include the following types of provisions:

  • Personal conduct orders,
  • Stay-away orders, and
  • Move-out orders.

Q: What’s the difference between a temporary restraining order and a permanent restraining order?

A: Generally speaking, a temporary restraining order is issued when the presiding judge believes that the individual who is petitioning for the restraining order is in immediate danger. This temporary order can be replaced with a permanent order (which is usually valid for a few years) after an official hearing has been conducted during which the allegedly dangerous individual against whom protection is sought has had an opportunity to argue why issuing a protective order is not justified.

Q: What should I do if a California restraining order has been issued against me?

A: The answer to this question depends a bit on whether the restraining order that was issued against you is temporary or permanent, but it is always a good idea to take the following measures that are recommended by the California Courts’ website:

  1. Read the order carefully and be sure to abide fully by each provision,
  2. Attend the court hearing at the time and location specified on the Notice of Court Hearing, and
  3. If you would like to tell your side of the story in opposition to the restraining order be sure to file a response before your court hearing is scheduled to take place.

Contact a Local Criminal Defense Lawyer

Regardless of whether or not you have been falsely accused of committing an act of domestic violence, if a restraining order has been levied against you it is important that you know your rights and protect those rights at every turn. An experienced criminal defense lawyer can help you do this.

At Jachimowicz Law Group, our experienced San Jose restraining order defense lawyers understand how upsetting it can be to have a restraining order filed against you, realize that not all restraining order petitions have merit, and are committed to zealously fighting to protect the rights of our clients accused of domestic violence.

Sources:

http://www.acrosswalls.org/statistics/restraining-orders/

http://www.courts.ca.gov/1279.htm

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