RESTRAINING ORDERS: WHAT THEY DON’T TELL YOU…

THERE ARE VARIOUS TYPES OF RESTRAINNG ORDERS:

  • DOMESTIC VIOLENCE RESTRAINING ORDERS
  • CIVIL HARASSMENT RESTRAINING ORDERS
  • EMERGENCY PROTECTIVE RESTRAINING ORDERS

IF YOU ARE THE RESPONDENT, MEANING, SOMEONE HAS FILED A RESTRAINING ORDER AGAINST YOU-DO NOT IGNORE IT!

HERE’S WHY:

  • IT CAN AFFECT YOUR ABILITY TO FIND EMPLOYMENT IF GRANTED;
  • IT STAYS IN EFFECT FROM 3 YEARS TO 5 YEARS DEPENDING ON WHAT TYPE OF RESTRAINING ORDER IS FILED AGAINST YOU;
  • IT GOES INTO THE “CLETS” SYSTEM (CALIFORNIA LAW ENFORCEMENT TRANSPORTATION SYSTEM);
  • IF ONE IS GRANTED AGAINST YOU, YOU COULD BE SUBJECT TO ARREST FOR VIOLATING IT;
  • IF THE OTHER SIDE PREVAILS, YOU COULD OWE ATTORNEY’S FEES!

(TO THE PETITIONER, OR THE ONE SEEKING PROTECTION)

Restraining orders, also known as protective orders, are designed to protect you from domestic violence, sexual abuse, harassment or stalking. If an offender violates a restraining order, they will be subject to arrest. If you want to understand more about restraining orders and how to obtain one, or respond to one, CALL NOW!

A restraining order can help ensure the following if you are the petitioner:

  • The offender can no longer directly or indirectly communicate with you, which means they cannot call you, go near you, your workplace or your home.
  • It can also help protect children by restricting the offender from approaching the child’s school or daycare.
  • The order ensures that the offender is not allowed to purchase or own a gun or have a license to carry a gun.

A RESTRAINING ORDER HEARING IS A TRIAL, WHERE BOTH SIDES PRESENT EVIDENCE IN A LIGHT MOST FAVORABLE TO THEM. A JUDGE MAKES THE DECISION AFTER HEARING THE EVIDENCE. A RESTRAINING ORDER TRIAL CAN LAST ALL DAY, EVEN IF YOU THINK IT WILL ONLY BE 5 MINUTES.

Even though it is only a bench trial, it is still a trial! Your life is in the hands of a judge.

During a restraining order trial, the following occurs:

 It is an evidentiary hearing where both sides put on evidence.

You probably have no idea what cards the other party is holding and you need a strong advocate to obtain the evidence in advance of the hearing and to defend you and get your side of the story before the court.

(TO THE RESPONDENT)

DO NOT ATTEMPT TO REPRESENT YOURSELF AT ONE OF THESE HEARINGS, YOU WILL NOT BE SUCCESSFUL.

YOU NEED A STRONG COURTROOM ATTORNEY WHO KNOWS THE EVIDENTIARY OBJECTIONS, HOW TO CROSS-EXAMINE THE WITNESS OR WITNESSES AGAINST YOU AND HOW TO DEFEND YOUR RIGHTS.

FOR A FREE 10 -MINUTE CONSULTATION, CALL THE LAW OFFICES OF VICTORIA CLEMANS NOW.

DO NOT PUT THIS OFF OR IGNORE IT, THE OTHER PARTY WILL TAKE YOUR DEFAULT, WHICH MEANS, THEY WILL WIN BECAUSE YOU DIDN’T RESPOND OR APPEAR.

Free Initial Consultation

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