Restraining orders are court-mandated orders designed to protect individuals from harm. Violating restraining orders can have serious consequences, including jail time. Burga Law Firm PC has been very successful in obtaining dismissals and reducing restraining orders. We have helped may clients avoid consequences and refute accusations.
What are the Types of Restraining Orders?
In California, courts can restrain people through three levels of protection:
- Emergency Protective Orders—issued in response to suspected domestic violence and enforced for up to seven days.
- Temporary Restraining Orders—issued in response to harassment, including threats of violence, and enforces for up to three weeks.
- Permanent Restraining Orders—the result of a court verdict and enforced for up to five years.
A person can file four kinds of orders: domestic violence, elder or dependent adult abuse, civil harassment, and workplace violence. Each kind of restraining order comes with severe penalties in California.
Consequences of Restraining Orders
If you've been issued a restraining order, the court can prohibit you from participating in a variety of behaviors. Restraining orders can include three types of orders:
- Personal conduct orders—these can prohibit you from contacting, stalking, threatening, or harassing the protected person
- Stay-away orders—these require you to keep a certain distance from the protected person, their residence, place of work, and other locations.
- Residence exclusion—these require you to move out of the place where the protected person lives.
Additionally, having a restraining order can lead to long-term consequences like restrictions on seeing your children, owning a gun, or obtaining work visas. Under California Penal Code section 273.6(a), violations of protective orders can be punished by a misdemeanor charge and one year in jail, a fine of up to $1,000, or by both a fine and imprisonment.
What to do if given a restraining order?
We always tell our clients not to attempt to contact the person who files restraining order against you. Doing so can result in additional penalties and adversely affects your ability to fight the order in court.
If you've been given a restraining order, you should hire a restraining order defense attorney right away. A court will arrange a hearing within 21 days to review the evidence and determine if the order will continue. Burga Law Firm PC will attend your hearing to dispute the order or attempt to prove there is no reason to continue.