A restraining order is an order issued, typically by a judge, that prevents you from taking certain actions, such as contacting a family member or engaging in certain activities.
The purpose of a restraining order is to prevent the “protected party” from physical abuse, threats, stalking, and harassment.
The terms of a restraining order can be extremely strict, and the consequences for violating one can be serious. So if you are involved in a situation where such an order is in place, you are going to need a San Diego restraining order lawyer.
Possible Restraining Order Restrictions
The following represent typical restraining order restrictions:
- – You could lose the right to appear in certain places (within 500 feet of the person who filed the restraining order -petition, for example);
- – You may be forbidden from contacting the protected party in any way, even if it means moving out of your own home; and
- – You may have to part with your firearms.
You might also suffer a number of burdensome indirect penalties, such as loss of your job or loss of child custody.
Penalties for Violating a Restraining Order
If you violate a restraining order, you could suffer the following penalties and disadvantages:
- – The prosecutor could charge you with a misdemeanor or even a felony;
- – The state could assess a fine against you; and
- – You could end up in jail or prison, in some cases for years.
You can appeal these penalties, but until the appeal is heard you need to be aware of what is at stake should you violate a restraining order.
Temporary vs. Permanent Restraining Orders
California designed restraining orders in part for emergency situations such as ongoing domestic violence.
As such, someone who requests a restraining order can obtain a temporary restraining order with only a preliminary hearing, even if you are not present. The temporary restraining order will last only until the judge can conduct a full hearing.
At the full hearing, you will have the opportunity to present your side of the story. If you lose, however, the judge can issue a permanent restraining order that could last for years.
Types of Restraining Orders
Several types of restraining orders are possible in response to behavior such as violence, threats of violence, stalking, and harassment.
- – A Domestic Violence Restraining Orders (DVRO) is appropriate for any abuse inflicted by a relative or household member. Petitioners frequently abuse DVROs to gain an advantage in child custody proceedings, etc.
- – A Civil Harassment Restraining Order is appropriate when the subject of the order is a neighbor, a co-worker, a roommate, or even a stranger.
- – A Criminal Protective Order (“no-contact” order) is appropriate when crime victims or witnesses need protection. The prosecutor issues criminal protective orders.
- – An Elder or Dependent Adult Abuse Restraining Order is appropriate when the victim is at least 65 years old or suffers from a disability.
Appealing a Restraining Order in San Diego
If a restraining order is temporary, you can simply wait for the full hearing to challenge it. If it is permanent, you can appeal. You can win your appeal by proving that the order failed to uphold the law or did not use sound reasoning.
You cannot introduce new evidence in an appeal. The lawyer for your restraining order can help you sort out your options and represent you at your hearing.
Contact San Diego Restraining Order Attorney Mark Greany
If a judge or prosecutor has issued a restraining order against you, or if you anticipate such an order, you need to act quickly to defend your interests.
Contact the Law Office of Mark Greany by telephone at (858) 531-6387 or by filling out our online contact form. I have been practicing law for over two decades, and there is not much that can happen that I haven’t seen before. I look forward to serving you.