A restraining order, or protective order, is issued by the court and is intended to protect a person from someone trying to harass, stalk, threaten, or sexually or physically abuse. In some cases, a restraining order in Orange County can show up on your background check. This depends on the type of background check as well as the type of restraining order.
For instance, a permanent restraining order may show up on some background checks. If you violate the restraining order, you may have criminal charges, such as a domestic violence charge, on your record related to that.
There are several consequences for having a restraining order on your criminal record:
An Orange County restraining order attorney can help you determine the type of restraining order that you have, how it may affect you, and what you can do to terminate it or minimize its impact.
We can help you with any type of restraining order, including:
Any of these can wreak havoc on your life in a number of ways - housing, employment, immigration, professional licensing, and more. The good news is that The Law Offices of Frances Prizzia can help you, no matter what type of restraining order they have filed against you.
Our experienced attorneys will assess your case together at your free consultation and explore your options. When you hire us as your legal representation, we will work relentlessly and diligently to defend your rights and strive for the best possible result in your case. Typically, that means minimizing the impact of the restraining order or getting it dismissed.
In Orange County, restraining orders are typically issued to protect a person from being harmed or threatened because they claim to have been abused mentally or physically, threatened, or stalked. The restraining order prohibits the alleged abuser from making any kind of contact with the alleged victim or from threatening, harassing, or interacting with them in any manner.
It can restrict the person from carrying out certain actions against the protected person, such as:
In California, there are four types of restraining orders. Each one speaks to a specific type of issue or abuse. They all work the same way but have different devices within each order that increases the functionality relevant to the specific situation.
A domestic violence restraining order is available to alleged victims of domestic violence. This means that the alleged perpetrator is someone they have a close relationship with, such as a spouse, registered domestic relationship, ex-spouse (separated or divorced), someone they are currently dating or dated in the past, someone they have a child with, someone they live or lived with, or a family member, such as a child, sibling, parent, parent-in-law, sibling-in-law, or grandparent.
Domestic violence restraining orders can include these orders:
A civil harassment restraining order is available to alleged victims who are being threatened, abused, stalked, or harassed by a person they do not have a close relationship with. This can include neighbors, roommates, or distant family members such as nephews, nieces, aunts, cousins, uncles, great aunts or uncles, or strangers.
A civil harassment restraining order can include these orders:
Workplace violence restraining order is available to alleged victims of workplace violence. However, the employee cannot request the restraining order; the request MUST come from the employer. It is requested by the employer to protect an employee who has experienced workplace violence which can include serious harassment, stalking, a credible threat of violence, or actual violence in the workplace.
The employee can request a restraining order that is specific to their situation (domestic violence or civil harassment) if they wish to take steps to protect themselves on their own.
Workplace violence restraining order can include these orders:
An elder or dependent adult restraining order is available to alleged victims of elder abuse. This crime has a two-pronged qualifier which means the alleged victim must meet two criteria.
An elder or dependent adult restraining order can include these orders:
California has three levels of restraining orders of various types. Each is designed to address the distinct needs of the situation where a restraining order is requested or necessary. They apply to civil, family, or criminal law restraining orders, but the process is basically the same for all three. However, applying for them may vary a bit from one type to the next.
A law enforcement officer can only seek an emergency protective order or EPO.
California Code, Family Code - FAM § 6250 gives police officers the authority to request an emergency restraining order for an individual if that officer believes that the individual who needs protection is in immediate danger of domestic violence by the individual named as the restrained person.
The purpose of an EPO is to give the protected individual time to apply for and obtain a temporary restraining order.
There are judges that are on call 24 hours a day, seven days a week, to respond to police officers' requests for EPOs. The order is only valid when a judge or a commissioner has issued it. In order for them to issue the order, several requirements must be established:
Issuance of the EPO will prevent these acts from occurring or from being repeated:
Once the emergency protective order is issued, it goes into effect immediately and is enforceable for one week, which is seven calendar days or five business days. If the restrained person lives in the home with the protected individual, the judge can issue an order for the restrained person to leave the dwelling for the period that the order is in effect and enforceable.
An emergency protective order can be issued in a civil harassment case if it is a stalking case. No other type qualifies for this type of restraining order.
A temporary restraining order, or TRO, is enforceable for 20 to 25 days. The only exception is a domestic violence order which is enforceable for three years. A TRO is issued when the judge has reason to believe that the protected individual is in immediate danger and requires protection while waiting for the court date for their case to be heard and the judge to rule on it.
Before the TRO ends, the protected individual will be obligated to attend a hearing where they will go before the judge, who will decide if the issuance of a permanent restraining order is necessary.
This type of restraining order is issued after a TRO has been issued and is run for its prescribed period of enforcement. The transition from TRO to a permanent restraining order is not automatic. The protected individual is required to attend a court hearing where the judge will determine if the person requesting protection is in actual danger. If so, then a permanent order will be issued.
These restraining orders are long-term but not "forever." For instance, a restraining order for domestic violence is valid for five years, but a restraining order for civil harassment is valid for just three years.
While a restraining order is not a criminal charge, the person who filed the order may choose to press charges. However, once you are arrested, the district attorney steps in and is the one who decides if there's enough evidence to move forward with the case.
There are other ways a restraining order and subsequent charges can impact your life as well, including:
If someone files a restraining order against you, do not under any circumstances attempt to go see them or contact them in any way. Doing so could get you arrested and land you in the county jail.
The first thing you need to do is get a seasoned criminal law attorney to represent you. They will be able to review your restraining order and explain everything to you. They will also be able to represent you in court and help you fight it. A good attorney will fight to make sure that your rights are protected, and that is exactly what you need when a restraining order is filed against you.
Once a permanent restraining order is issued, you have 60 days from the time the order was signed to file a Notice of Appeal in California. If someone files a restraining order against you and you believe it to be false, you should file a Notice of Appeal immediately. If you wait too long, you will lose your chance to appeal it.
While you are appealing it, the order will remain in effect and will be enforceable, so make sure that you abide by all of the terms and requirements.
When filing your appeal, you must provide valid grounds, such as a procedural effort or material legal error that occurred when the order was put in place. For instance, if you are innocent of the allegations against you and have valid evidence to support your innocence, but the judge refuses to hear it, you could have a case for an appeal.
If someone has filed a restraining order against you, don't wait. Get an attorney now. Our law office has a team of experienced, knowledgeable, skilled attorneys who can help you navigate the restraining order process and make sure that your rights are protected.
Call today for your free consultation and get the help that you need and deserve.
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