Restraining orders may sound like something only used in movies or TV shows, but thousands of Californians are under the protection of restraining orders at any given time. If you are facing abuse from a spouse, significant other, or another member of your household, it is important to talk to an attorney about filing a restraining order. If a restraining order has been unfairly filed against you, you should also talk to an attorney to help you protect yourself from violating the order and to get unjustified orders lifted.
The Oxnard restraining order lawyers at The Law Offices of Bamieh and De Smeth represent both those seeking to file restraining orders and those facing restraining orders against them. If you or a loved one needs help with a restraining order, call our law offices today for a free consultation. Our number is (805) 585-5056.
Help Filing a Protection from Abuse and Restraining Order in California
Many states offer “protective orders” or “protection from abuse” orders to help victims of harassment, stalking, or physical abuse stay safe. California’s restraining orders are issued by a court to put legal force and consequences behind a demand so that any further issues or violations can lead to fines and jail time.
California has different varieties of restraining orders you can request. The first way these orders are categorized is by who they affect. This creates four categories of restraining order:
- Domestic Violence Restraining Orders – these are used to protect spouses, boyfriends, girlfriends, and other romantic partners or family members from physical violence and harassment.
- Elder or Dependent Adult Abuse Restraining Orders – these are intended to protect elderly family members or adults with mental health issues from abuse by their caregivers.
- Civil Harassment Restraining Orders – these protect individuals from harassment by people other than romantic partners, like repeated phone calls, doxing, and other harmful harassment.
- Workplace Violence Restraining Orders – these allow employers to file to protect their employees from harassment or violence at their place of work
Protective orders may also be classified based on the terms of the order and what it does to protect the petitioner.
- Personal conduct orders – these dictate what the restrained person can and cannot do while the order is in effect, such as no calling or texting the petitioner, no striking the petition, and no harassing the petitioner.
- Stay-away orders – these stop a person from coming within a certain distance of the petitioner’s home, school, workplace, or another location.
- Residence exclusion orders – these orders kick someone out of their house temporarily until the court can have a hearing to determine further restraining order terms.
Many restraining orders take effect immediately, but they work for only a limited amount of time. A temporary restraining order can be converted to a permanent restraining order in some cases, but you must go to court and have a hearing with the target of the order present.
Many restraining orders against domestic violence can come with additional opportunities, such as the ability to file for temporary spousal support. Talk to a family law attorney to see if you are entitled to support payments while your restraining order is active.
Defending Against a Restraining Order in California
If a restraining order is filed against you, you may have no choice but to comply with it temporarily. Most restraining orders give you an opportunity to have your case heard in court soon after it goes into effect. If the judge finds that the order is unnecessary after holding a hearing, the restrictions might be lifted. However, the judge could double down and make the order permanent, add additional terms, or increase the penalties for noncompliance. Because of this, it is important to have an attorney represent you during any hearings or court dates dealing with your restraining order.
Our attorneys can help guide you in restraining order compliance and help you determine exactly what the order prevents you from doing. Many restraining orders are very narrow in their scope and do not prevent you from living your life as you otherwise would. In fact, most restraining orders prevent you from striking, stalking, or harassing the petitioner, which is already illegal anyway.
Some restraining orders take a harsher toll on your day-to-day life. Restraining orders that kick you out of your house could stop you from accessing your own property. In addition, restraining orders for domestic violence can lead to paying spousal support or losing your right to own or access firearms and other weapons, even if you need them for your job. Talk to an attorney today to see what your options are to regain your rights and avoid the strong restrictions associated with restraining orders.
Oxnard Restraining Order Lawyers Offering Free Consultations
No matter what your situation is, you should talk to an attorney if you are considering filing a restraining order or a restraining order has been filed against you. For a free consultation on your restraining order case in the Oxnard area, contact the Oxnard restraining order lawyers at Bamieh and De Smeth today at (805) 585-5056.