Restraining orders are often issued by California courts in relation to criminal accusations made by an alleged victim. These orders prohibit the “restrained” individual from making any kind of contact with the protected person. They are used to prevent the restrained person from harmful actions such as harassment, stalking, abuse or violence, or threatening the protected person. They are also known as “protective orders” and are routinely issued in cases of alleged domestic violence even before the case has been heard.
If you have been named in a restraining order or been accused of violating such an order, putting an experienced criminal defense lawyer on your side is vital. At Davalos Defense Law Firm, we have successfully defended many clients in restraining order cases. Whether you are fighting a permanent restraining order in a court hearing or in restraining order violation allegations, we have the professional experience and client dedication you need. With over 10 years of practice that includes daily court appearances, extensive trial experience, and thousands of cases handled, our firm knows California criminal law and the criminal justice system inside and out. We can put together necessary evidence, cross-examine witnesses, and present arguments to the judge that can increase your chances of a positive result.
Talk to our Pasadena restraining order attorney about your case in a free consultation. Connect with Davalos Defense Law Firm online or at (213) 370-1630 to get started. Hablamos español.
More About California Restraining Orders
Restraining orders are binding court orders created to protect someone who is allegedly at risk of harm by another person. In California, four types of restraining orders may be issued for different scenarios.
These include orders for:
- Cases of alleged domestic violence
- Cases of alleged elder abuse
- Cases of alleged civil harassment
- Cases of alleged workplace violence
These orders can be issued on a temporary or emergency basis or on a more permanent basis that can last for up to five years. Allegations of domestic violence are among the most common reason for the issuance of a restraining order where the named person is accused of abuse against someone with whom they have a close family relationship. In cases where accusations of abuse or harm does not involve a close relationship between the two parties, the restraining order is based on civil harassment.
Restraining orders commonly prohibit you from owning, possessing, or buying a gun as well as from contacting the protected person in any way, from destroying their property, or harassing or threatening them. In cases of alleged domestic violence, this often involves ordering you to vacate the family home and may impact child custody and visitation. Domestic violence cases start with a temporary order after which a court hearing is held to determine if the temporary order should be extended into a permanent order.
Violations of Restraining Orders
Violating a restraining order is a crime in California. However, it must be proven that you willfully violated it. In a first-offense, this is charged as a misdemeanor carrying up to a year in jail and/or a fine of up to $1,000. In second offenses or cases where actual violence occurred, it may be charged as either a misdemeanor or a felony. Felony convictions of this offense are punishable by prison terms of up to three years and fines of up to $10,000.
Challenge Restraining Order Cases with Experienced Legal Help
You can challenge the issuance or violation of a restraining order with experienced legal help from Davalos Defense Law Firm. Our attorney has defended numerous clients in all types of restraining orders throughout Southern California. With extensive trial experience, a deep understanding of the law, and an understanding of how to build strong defenses, your case will be in the hands of a true professional.
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