Has a Restraining Order Been Filed Against You?
If you have been accused of domestic violence, there is a good chance a restraining order will be issued against you. Restraining orders and protective orders are issued by the court on behalf of domestic violence victims against their alleged abuser or stalker. If a restraining order has been issued against you, you will no longer be able to come within a certain distance of the victim, their home, or their workplace. You also will no longer be able to come into contact with the victim. This refers to in-person physical contact, as well as contact though email, regular mail, the telephone, web chat, instant messaging, text messaging, or any other form of communication. If a restraining order has been filed against you, discuss your options with our Orange County defense attorney today! To discuss your rights, and how to protect them, you can email Ms. Landry and her staff here. In addition, you can listen to, and or download, her OC, CA Criminal Defense Attorney podcast episodes by clicking here.
Types of Restraining Orders in California
Restraining orders are court orders and do not equate with criminal charges, although they can lead to criminal charges. In the state of California, there are various different types of restraining and protective orders. In total, there are nine different types of restraining orders, albeit some are more commonly used than others.
First there is the emergency protective order. According to the Superior Court of California (County of Orange), these types of protective orders are granted to individuals who feel as if they are in immediate and present danger. These are short-term protective orders. When individuals file these types of orders, it is also common for them to dial 911 to report the violence or threatening. In this event, recipients of protective orders may also be arrested for domestic violence.
There are also restraining orders specifically for domestic violence. It is fairly easy to file for a domestic violence restraining order, which means that there is likely an excess of people who have had these orders falsely filed against them.
The other types of Orange County restraining orders include:
- Civil harassment (ex: stalking)
- Elder abuse
- Workplace violence
- Criminal restraining orders
- Juvenile restraining orders
- Post-secondary school violence
- Transitional housing misconduct
Restraining Order Process
Anyone who believes that they are being abused or that they are under threat of abuse can file a domestic violence restraining order against a spouse, significant other, ex or anyone else to which you are related. With most restraining orders, a petitioner will file, it will be served to the Respondent and then there will be a hearing. The hearing will usually take place three weeks after the initial filing. The judge will hear from both sides, Petitioner and Respondent, so that the judge can either grant the permanent order or dismiss the case.
Restraining Order Violations
The restraining order or protective order will include specific instructions that you must follow at all times. It is very important that you do not violate the terms of your restraining order. A restraining order violation is a crime in and of itself, and will result in additional criminal charges and penalties. During such an unsettling time, the last thing you want or need is to risk your rights again by facing additional charges.
What Can a Domestic Violence Restraining Order Do?
If someone gets a restraining order against you, the last thing you want to do is ignore it. Here are some examples of what a restraining order can do:
- Order you not to contact or go near the protected person in the restraining order, including your children and other family members
- Order you to stay away from your own home
- Order you to stay away from your children’s schools
- Order you to move OUT of your own home
- Order you to turn in, store, or sell your firearms
- Order you to pay child and/or spousal support
- Order you to stay away from your pets
- Order you to pay certain bills (e.g. auto loans, mortgage, and utilities)
- Order you to not make any changes to your insurance policies
- Tell you not to make any big or out of the ordinary purchases
- Require you to complete a 52-week batterer intervention program
Once a judge agrees to issue a restraining order, the order is entered into CLETS, which is a statewide computer system used by law enforcement officers. Your restraining order would be valid in all states, not just California. If you move to another state, the local police in your new city or town would know about the restraining order against you.
Orange County Restraining Order Attorneys
Whether you have just been arrested on domestic violence charges, or a restraining order was recently filed against you, or you are facing additional charges for a restraining order violation, an Orange County domestic violence lawyer at the Law Offices of Virginia L. Landry, Inc. can help. With more than 20 years of defense experience, we can completely assess the seriousness of your situation to determine the best way to proceed forward with your defense. We have a thorough understanding of how the criminal system works in California, and will ensure all possible measures are taken to resolve your case successfully. We know you have a lot at stake–your rights, freedom, reputation, and your relationship with your loved ones. Let an experienced restraining order attorney at our firm help you fight your charges.
To schedule an appointment and discuss your restraining order, contact our office today online or by calling .