A restraining order is a court order that restricts a party from taking certain actions against another person. A court may issue a domestic violence restraining order in cases where a person experienced alleged domestic violence. A restraining order, also called an order of protection, may be requested to prevent situations of threats, abuse, or harassment. It is designed to be a rather quick legal method to stop contact between people when there is a potential for violence. If a restraining order is placed against you, it is best to seek guidance from an experienced defense attorney in Ventura County.
About California Domestic Violence Restraining Orders
A domestic violence restraining order is one of four main types of restraining orders in California. The other types of restraining orders include civil harassment, elder abuse, and workplace violence. Domestic violence laws in California make it a crime to threaten to harm or harm a spouse, or another intimate partner. In order to file a domestic violence restraining order, the alleged perpetrator must be a current or former spouse, current or previous cohabitant, currently or previously in a relationship together, is a co-parent of one or more children, or a parent. An emergency protective order might be preliminarily used when domestic violence is an imminent threat.
What Happens if I Violate a Restraining Order in Ventura County?
Once a restraining order is in place, you must obey its terms. The failure to abide by a restraining order can have serious consequences. While you may want to talk to the other party about the order, you cannot do so at this time. You will need to wait until the hearing to present your side of the story. If you violate a restraining order, you face penalties that could include up to three years in jail, fines and restitution, court-ordered counseling, and more. If the protected person was injured or if you have previous violations, the penalties for violation will be more severe.
Fighting a Domestic Violence Restraining Order
A domestic violence restraining order can have a profoundly negative impact on your life. After you are served with a restraining order, you will need to attend a hearing on the matter. Generally, the hearing is scheduled within 21 days. During that time, you will be able to review the information and prepare for the hearing. The person who filed for protection must have submitted evidence to the court in order to receive an initial restraining order. There are times when the information provided was incorrect or untrue. False accusations can be very damaging and may implicate you in crimes that you did not commit.
It is imperative to retain an attorney with experience defending serious allegations such as these. You need to provide strong evidence on your behalf to defend the accusations and present your side of the story to the judge. The judge will make a final determination as to whether to continue the restraining order or not. It is important to protect your legal rights and ensure that you have proper representation in court. A restraining order is often just the first step in a process, and further charges, such as domestic battery, could be forthcoming.
Smart, Aggressive Defense Attorney in Ventura County
If you are the subject of a domestic violence restraining order, do not delay. Contact our experienced legal team at David Lehr Law online or by phone at (805) 477-0070 for a free case review.