In the state of California, having a restraining order filed against you can be very serious. Whether the order is civil or criminal, most restraining orders are considered public record. Because of the many consequences to having an order filed against you and the fact that potential employers, landlords, and even romantic partners can access this information at any time, it is fair to say that having a restraining order filed against you can have a huge impact on your life.
If you have had a temporary restraining order filed against you, it is important to act before your court hearing. Further, if you are being accused of violating the terms of a standing restraining order, getting reputable legal help fast is essential. Lias Law Firm in Santa Clarita has been handling cases related to civil and criminal restraining orders for over seven years and we are prepared to provide you with the aggressive and committed legal representation you require when dealing with cases like this.
What is a Restraining Order?
In California, a restraining order is a court order that offers legal protection to individuals who have experienced harm or are at risk of harm from another person. These orders are issued by a judge and prohibit the restrained person from engaging in certain actions or coming within a specified distance of the protected person, their home, workplace, or children's school.
Types of Civil Restraining Orders in California
California law recognizes several different types of restraining orders, each designed to address specific circumstances and relationships between the parties involved.
Domestic Abuse Restraining Orders
Domestic abuse restraining orders can be filed when a person has been abused by someone with whom they have had a close, often romantic, relationship.
Elder or Dependent Adult Abuse Restraining Orders
Elderly or dependent adult abuse restraining orders can be filed when a person who either has physical or mental disabilities or is aged 65 years or older has been the subject of neglect, abandonment, physical or financial abuse, harmful treatment, or deprivation from a caregiver.
Civil Harassment Restraining Orders
Civil harassment restraining orders can be filed when a person is being stalked, harassed, abused, or threatened by someone that they are not in a close relationship with (neighbors, distant family members, roommates, etc.)
Workplace Violence Restraining Orders
Workplace violence restraining orders can be filed by employers to protect an employee from violence, harassment, stalking, or credible threats of violence.
All four of these types of civil restraining orders come with their own legal consequences, ranging from restricting where the restrained person can go to forcing the person to move out of their home, prohibiting the ownership of a firearm, and more.
Understanding Criminal Restraining Orders
Many people are unfamiliar with criminal restraining orders as they are sought by judges as opposed to private citizens. These orders are put in place to protect either a victim of, or witness to, a crime from an aggressor, typically the defendant in a criminal case.
There are two types of Criminal Restraining Orders:
- No Contact Orders: Prohibits a person from entering the space of, or making any kind of contact with, the protected person
- Peaceful Contact Orders: Permit interaction, contact, or shared space with the protected person if the contact is totally peaceful
What Are the Consequences of Violating a Restraining Order in California?
The legal consequences for a first-time violation of a restraining or protective order in California are paying a fine of up to $1,000, spending up to a year in jail, or both. These offenses are considered misdemeanors; however, repeated violations that involve violence make this a “wobbler” offense, meaning that the restrained person could be charged with a felony, the punishment of which is up to 3 years in prison and a fine of up to $10,000.
Further, being the restrained person in a restraining order and/or violating the terms thereof comes with a world of informal consequences. Restraining orders are public record, which means they can be accessed by anyone with the means to run a background check. This can lead to difficulty finding a job or securing housing. Further, the terms of the order may prohibit you from entering certain spaces, owning a firearm, or even living in certain areas.
Legal Penalties for Violating a Restaining Order in California
Violating a restraining order in California is a serious offense with significant legal ramifications. The penalties vary depending on the nature of the violation and whether it involves violence.
- First-time violation: A first offense is typically considered a misdemeanor and can result in fines up to $1,000 and up to one year in jail.
- Repeat violations or violations involving violence: These can be charged as either a misdemeanor or a felony ("wobbler" offense) and carry harsher penalties such as a felony conviction with a possible prison sentence of up to 3 years and a fine of up to $10,000. Probation may also be imposed along with mandatory counseling or anger management programs.
Even if the protected person invites or encourages contact, violating a restraining order is still a crime. The restrained person is solely responsible for abiding by the terms of the order.
Long-Term Impact of a Restraining Order on Your Life
Beyond the immediate legal consequences, a restraining order can have a lasting impact on various aspects of your life:
- Employment: A restraining order is a matter of public record and can show up on background checks, potentially affecting your ability to get a job, especially in fields that involve working with vulnerable populations (children, elderly, etc.).
- Housing: Landlords and property managers often conduct background checks, and a restraining order could make it difficult to find housing.
- Firearm ownership: Federal law prohibits individuals subject to a restraining order from possessing firearms.
- Child custody and visitation: A restraining order can significantly impact child custody and visitation arrangements.
- Immigration status: For non-citizens, a restraining order can have serious consequences, including deportation.
- Reputation and relationships: A restraining order can damage your reputation and strain relationships with family and friends.
If you are facing a restraining order or have questions about the legal consequences, it's essential to consult with an experienced attorney.
Temporary vs. Permanent Restraining Orders
In California, obtaining a restraining order involves two stages: temporary and permanent. A temporary restraining order (TRO) is typically granted based on the protected person’s sworn statement and is not public record. Whereas a permanent restraining order is granted only after a full court hearing where both parties have the chance to provide evidence and testify. Unlike TROs, permanent restraining orders are public record and remain that way for 3-5 years.
Why You Need Experienced Legal Representation for Restraining Orders
In many cases, restraining orders can be stopped before they are rendered permanent by a judge. Litigating and negotiating a temporary order is possible but must be done before your court hearing.
Violations of standing orders can also be challenged due to the ambiguity of many of the terms involved in cases involving restraining orders and the capacity for honest mistakes.
Contact Our Restraining Order Attorney in Santa Clarita Today
Make sure that you are doing everything you can to protect yourself by seeking the representation of our Santa Clarita restraining order lawyer at Lias Law Firm. We work tirelessly to make sure that our clients are represented with justice and dignity.
