1530 The Alameda, Suite 115, San Jose, CA 95126

Blog
Email UsEmail Us

FREE CONSULTATION

408-246-5500

Search

FREE CONSULTATION

408-246-5500

Providing legal counsel to San Jose and the Bay Area for over 30 years in the areas of criminal defense, personal injury, employment and disability law.
Group Photo
Se habla español|Chúng tôi nói tiêng Việt

What Can a California Restraining Order Do?

Posted on in Criminal Defense

San Jose criminal defense attorney, California restraining order, protective order, emergency protective order,  temporary restraining orderIf you have been served with a restraining order in California (also sometimes referred to as a protective order) you likely have a lot of questions. While an experienced criminal defense lawyer can answer each and every one of your queries, the aim of this article is to address one of the most commonly asked questions: What can a California restraining order do? However, keep in mind that each restraining order is different and the possible effects discussed below may or may not be applicable in your case.

The Possible Effects

The effects of a California restraining order vary slightly depending on which type of protective order (i.e. civil harassment, domestic violence, elder/dependent adult abuse, or workplace violence restraining order) has been issued against you. However, the California Court’s website notes that California judges often order restrained people:

  • Not to contact the protected person, or any member of their household;
  • To stay away from the protected person, their children, or any member of their household;
  • Not to go near the protected person’s work and/or school;
  • To stay away from the protected person’s children’s school;
  • To move out of the residence that he or she shares with the protected person;
  • To attend domestic violence and/or anger management counseling sessions; and
  • Not to have a firearm.

Additionally, the effects of a California restraining order can extend beyond what the issuing judge specifically prohibited you from doing. For example, individuals who are required to carry a gun for work may experience serious professional setbacks if there is a restraining order in effect against them that prohibits them from having a firearm. Additionally, if you are not an American citizen, then having a restraining order issued against you may impact your immigration status. Furthermore, regardless of your immigration statute, the fact that a restraining order has been issued against you is generally a matter of public record, which means that it will pop up every time someone (including a potential employer) does a background check on you.

How Long Can a California Restraining Order Remain in Effect?

The amount of time that a California restraining order can remain in effect varies greatly depending on the type of protective order issued. For example, an emergency protective order can only be in effect for one week, a temporary restraining order lasts until a hearing can be scheduled (which generally takes approximately 20 to 25 days), and a permanent restraining order can last three to five years (and can be renewed).

Let Us Assist You with Your Case

If you have additional questions about restraining orders in California and are looking for an experienced San Jose criminal defense attorney to represent your interests contact the Jachimowicz Law Group today. Our attorneys have been providing exceptional legal counsel to individuals and families throughout Northern California for over 30 years. Let us put our extensive experience to work for you.

Source:

http://www.courts.ca.gov/1044.htm

CALL TODAY FOR A FREE CONSULTATION

SPEAK DIRECTLY WITH OUR EXPERIENCED SAN JOSE ATTORNEYS

TOLL FREE

408-246-5500

OR

800-576-4210
Back to Top