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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:

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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:

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