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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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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?

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San Jose restraining order defense lawyers, restraining ordersA restraining order (also referred to as a protective order) is a court order designed to protect someone (i.e. the “protected person”) from being abused, threatened, harassed, or stalked by the “restrained person." If you are currently subject to a restraining order, or have been threatened with a restraining order, it is important to understand the four different types of restraining orders available in California.

California's Four Restraining Orders

1. Domestic Violence Restraining Orders: A domestic violence restraining order can be obtained against you if you have abused any of the following people:

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