Ventura County Restraining Order Lawyer
What Warrants a Restraining Order in California?
Restraining orders—also known as protective orders—are issued by the court to protect alleged victims from being physically harmed, harassed, stalked, or intimidated by preventing alleged abusers from making any type of contact with their victims.
There are four main types of restraining orders: domestic violence (criminal) restraining orders, civil harassment restraining orders, dependent or elder adult restraining orders, and workplace violence restraining orders. When it comes to criminal restraining orders, there are different levels of protection.
The following are the three levels of protection offered to restraining order applicants:
- Temporary restraining order (TRO) – The prosecutor handling a criminal case requests a TRO, which is in effect until the case concludes.
- Permanent restraining order (PRO) – A PRO lasts up to five years. The court holds a hearing and allows both sides to present their cases to a judge.
- Emergency protective orders (EPO) – An EPO provides short-term protection to those who apply for a PRO.
Once a restraining order is granted, a court sets a date and time for a hearing. Once a person is served, he/she has 10 to 20 days before the hearing is scheduled in order to respond.
How to Fight a Restraining Order in California?
Intentionally failing to comply with a restraining order in California results in serious penalties. The prosecution must prove that you were issued a restraining order, you knew about the order, you had the “present ability” to follow the order, and you knowingly violated the order.
Violating a restraining order is a “wobbler” offense, meaning you could be charged with a misdemeanor or felony, depending on the circumstances of your case and your criminal history. A misdemeanor conviction is punishable by a maximum 364-day jail sentence and a fine not exceeding $1,000, while a felony conviction carries a prison term of up to three years and a fine of up to $10,000.
Not only can a restraining order violation lead to serious penalties but having one hanging over your head can destroy your professional reputation, negatively impact child custody proceedings, and make you lose the right to carry a firearm. At Bentley Law, we are committed to protecting your rights, reputation, and future. Whether you have been accused of a crime that warrants a restraining order or violated one, our Ventura criminal lawyer can do our best to help you avoid serious criminal penalties and get your life back on the right track.
For more information about restraining orders in Ventura, contact us at (805) 210-8555 to schedule a free consultation.
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