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How a Domestic Violence Restraining Order Can Affect You

Posted on in Criminal Defense

San Jose CA domestic violence charges restraining orderWhen it comes to crimes such as sexual misconduct or domestic abuse, the laws are often protective of the victim, because of the serious nature of the crimes. This means that the accused are often harshly punished -- even if they did not actually commit the crime. There are many avenues a person can take if they would like to press charges relating to domestic violence, but one of the most common things you can expect to get out of a domestic violence accusation is a domestic violence restraining order. These orders can be highly restrictive on the person accused of domestic violence.

What is Domestic Violence?

The state of California defines domestic violence as abuse or threats of abuse that occur between two people who are or have been in an intimate relationship. Abuse is a broad term, but California law includes:

  • Physically hurting someone;
  • Sexual assault;
  • Making someone reasonably believe they will be hurt;
  • Harassment;
  • Stalking; or
  • Disturbing someone’s peace.
  • For the situation to be considered domestic violence, you must be in an “intimate relationship” with the other person involved. This can include relationships such as:
  • Married or domestic partners;
  • Dating or previously dated;
  • Living together or used to live together; or
  • Two people with a child in common.

What a Domestic Violence Restraining Order Can and Cannot Do

Because a restraining order is a court order, there are certain things that it can require or prohibit you from doing. A domestic violence restraining order can:

  • Forbid you from contacting or going near the person who filed the order or people who live with you;
  • Forbid you from going near the other person’s home, work or school;
  • Force you to move out of your house;
  • Make you give up possession of any guns you may have;
  • Require you to follow child custody orders and pay child support;
  • Forbid you from going near pets;
  • Require you to pay certain household bills;
  • Force you to release or return certain property; and
  • Require you to attend a 52-week intervention program for domestic abusers.

Our San Jose, CA Domestic Violence Defense Attorneys Can Help

Domestic violence charges are taken very seriously in the state of California. Not only could you be facing criminal charges and punishments, but you could also be facing the effects of a domestic violence restraining order. 

Being falsely accused of a crime puts you in a difficult situation, but at the Jachimowicz Law Group, we can help you clear your name. Our skilled San Jose, CA domestic violence defense lawyers will help you build your defense and keep your innocence. 

Call our office today at 408-246-5500 to set up a free consultation.

Source:

http://www.courts.ca.gov/selfhelp-domesticviolence.htm

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