Restraining Order Attorneys in San Luis Obispo, CA
A restraining order, also known as a protective order, is ordered by the court to prevent one person from taking any action toward another. If you’re the victim of domestic violence looking to protect yourself, it’s best to know how protective orders work. Our experienced San Luis Obispo restraining order attorney can help you obtain a restraining order in court to protect your family.
Types of Restraining Order
The California court’s website also offers helpful information regarding domestic violence and restraining orders. Feel free to read about this so you know what to discuss with your attorney.
California law has four kinds of restraining orders based on the category of people needing protection.
Domestic Violence Restraining Order
A domestic violence restraining order protects a victim from threats and abuse committed by a significant other. This covers a spouse, ex-spouse, domestic partner, boy/girlfriend, and a co-habitant
Elder Restraining Order
A dependent adult restraining order or elder restraining order protects a person aged 65 or above or aged 18-64 with a physical or mental disability. It is ordered for victims of neglect or deprivation.
Workplace Restraining Order
A workplace restraining order is filed by an employer who wants to protect their employees from violence or even threats of violence.
Civil Harassment Restraining Order
A civil harassment restraining order protects people from harassment by their extended family, roommates, co-workers, or neighbors.
The legal details differ between these restraining orders, including the duration of validity and requirements to file. If you need legal help filing a restraining order, it’s best to talk to our skilled San Luis Obispo restraining order attorney.
Our family law attorneys comprehensively and aggressively handle the legal concerns of your family. We will assist you in your divorce, child custody case, modification orders, or restraining order. Call our San Luis Obispo restraining order attorneys at 805-466-4800 to schedule a consultation today.
Levels of a Protective Order
Emergency Protective Orders (EPO)
A law enforcement officer can issue this kind of protective order at any time if they feel that a person is in present and immediate danger of domestic violence.
The EPO itself is only valid for one week. If the alleged abuser lives in the same home as the alleged victim, then a judge can order the former to stay away from the house for this period.
Temporary Restraining Orders (TRO)
A TRO is issued (usually per the prosecution’s request) to protect the alleged victim for the period of their relating to domestic violence. It can protect them until the case is over or until the judge issues a permanent restraining order. A temporary restraining order only prohibits for 20 to 25 days.
Permanent Restraining Orders
The court can issue a permanent restraining order after a temporary restraining order. During the hearing, the judge weighs all available evidence both for and against the order. A permanent restraining order for domestic violence can last up to five years.
The hearing for issuing a restraining order can have a lasting impact on your life, whichever side of the hearing you may be on. If you feel like you need a restraining order or are facing allegations requiring one, get in touch with our San Luis Obispo restraining order attorney for help!
Serving a Restraining Order
The paperwork contains the date and time of the hearing, along with the reason for the restraining order.
The person named in the restraining order needs to be “served” the paperwork to become aware of the restrictions. This means that a simple mailing of the paperwork won’t suffice. It has to be delivered by a law enforcement officer or a process server. Once served, the respondent has 10-20 days to answer.
If you need legal counsel, call the 805 Family Law Attorneys today at 805-466-4800 to find out how our San Obispo restraining order attorneys can help protect your family.
Violating a Restraining Order
If you need the protection of a restraining order, it’s important to know what violating the order entails in California.
For the prosecutor to successfully convict someone of violating an order of protection, they have to prove the following elements:
- The judge has properly issued the restraining order;
- The order was properly served, and the violator understood its terms and conditions;
- A judge wrote the order in a way that the person can reasonably follow without restricting freedom; and
- The violation was intentional and willful.
Other factors that contribute to charging the offense include criminal record and the circumstances surrounding the case. Prior restraining orders and the presence of physical injury increase the chances that the violation will be treated as a felony.
Violation of a restraining order is a serious matter for the future of your family. If someone has violated a protection order for your family, get in touch with our skilled San Luis Obispo restraining order attorney. Our legal team has extensive experience in dealing with family law cases that can be an immense help for prevailing in court. Call our law firm at 805-466-4800 to schedule a consultation today.
Penalties for Violating a Restraining Order
Aside from the effect, it will have on your family, violating a protective order has harsh legal penalties. California Penal Code 273.6 makes the violation a misdemeanor with the following penalties:
- No more than one year in county jail; and
- A maximum fine of $10000.
The case can become a “wobbler” if the defendant has a prior violation of the current violation involves an act of physical violence. A wobbler means it can count either as a misdemeanor or a felony.
If the case becomes a felony, then the penalties would escalate to:
- Imprisonment in state prison up to three years; and
- A fine that can amount to $10,000.
The law can be harsh. That’s why an experienced attorney is invaluable to ensure that you can enjoy a high quality of life. If you need to file a restraining order to protect you or your loved one, call our San Luis Obispo restraining order attorney to get help with your case. Call our law firm at 805-466-4800 to schedule a consultation today.
Hire an Experienced San Luis Obispo Restraining Order Attorney
A restraining order is a sign of a challenging period in your life. At 805 Family Law Attorneys, we are focused on getting your family the best result possible during a difficult time. Our San Luis Obispo restraining order attorney can handle your case with compassion and empathy.
If you need help filing for child support, alimony, high-income divorce, or division of marital property, call our San Luis Obispo family law office at 805-466-4800 today to schedule a consultation with our experienced family law attorney!