Restraining orders have unfortunately become a tactic former spouses or parents will use against one another when embroiled in a heated child custody dispute or divorce proceeding. A restraining order can have lasting repercussions on the alleged violator's record, including an impact to future employment. It is important that you contact a San Jose restraining order defense lawyer shortly after a restraining order is proposed.
Restraining Order in California
California provides the following different types of restraining orders:
- Domestic violence restraining order
- Civil harassment restraining order
- Elder abuse restraining order
- Workplace restraining order
- School restraining order
A restraining order in California may be put in place after a domestic violence charge or other harassment charge has been brought against a person. The domestic violence restraining order must be obtained through petition by the court, once the alleged victim has obtained evidence. A restraining order will often be granted if an arrest has occurred. Unfortunately, a domestic violence restraining order will be entered into a database which will be kept on public record and will be easily accessible by future employers. The restraining order itself may remain in effect for at least three years after the restraining order was instigated.
A civil harassment restraining order is often brought against a person if the person seeking relief is the victim of a threat of violence, stalking, or has endured a pattern of harassment intended to annoy or harass a person.
An elder restraining order is typically filed by individuals older than 65 who have been victims of mental or physical abuse.
Workplace violence restraining orders are filed by employers who want to protect employees from violence or threatened violence at their place of employment.
Any of these restraining orders may be issued for different levels of protection, including an Emergency Protective Order (to offer short term protection to alleged victims), Temporary Restraining Order (to provide temporary protection until a permanent restraining order may be acquired), and Permanent Restraining Order (which can last up to 5 years).
The violation of any of these restraining order can lead to felony charges, depending on the type of violation and whether any violence occurred during the violation.
Restraining Order Defense
One of the main defenses to restraining order violation is the lack of knowledge regarding the restraining order. If you do not have knowledge of a restraining order, you can have no intent to violate the restraining order. Additionally, if you accidentally run into the protected individual on the street, without the intent to run into them, you should not be responsible for violating the restraining order. You may also build a defense that the allegations of restraining order violations were falsely claimed, which is unfortunately the case in many heated divorce and custody disputes. A San Jose restraining order defense attorney will be able to better advise you on which defense is the appropriate course for you to take.
Ahmed and Sukaram Law | San Jose Restraining Defense Lawyer
If you have received a restraining order, do not hesitate to contact the attorneys of Ahmed and Sukaram. Our attorneys have years of experience in the various types of restraining orders listed above, and will assist you in developing a defense for your unique situation. Contact our San Jose office today for your initial free consultation.