What do you do when you have a restraining order?  You need to move fast because the law requires that you give or be given DUE PROCESS which is the legal word for NOTICE.  If you let the time pass where you cannot respond in time, the Court may order that you stay away from someone by default and it may get more expensive to see if an attorney can salvage your case.  Whether you are applying for a restraining order or defending against a restraining order, Hector is experienced in this complex process and will eliminate your headaches and immediate problems.

 

If someone is requesting a restraining order against you, it is imperative to consult with an attorney right away because a finding of domestic violence and/or the imposition of a restraining order can have severe, lasting consequences:  

 

• If you are not a U.S. Citizen, a finding of domestic violence can impact your immigration status in this country;

• If a restraining order is made permanent against you, your name will be placed in the California Law Enforcement Telecommunications System (CLETS), which is a database that employers use when conducting background checks on employees and applicants. Many employers will not hire and may fire anyone who currently has or in the past had a restraining order issued against them.

• You may lose your state professional license.   

• You cannot own or possess any firearms or ammunition, thereby effecting your Constitutional Rights.

• If you have children and have been found to have committed domestic violence in California, there is a presumption against you sharing joint custody of your children with the other parent.

 

If you need a restraining order, there are three main types of restraining order:

 

1. Emergency Protective Order (EPO)

 

Family code section 6250 of California law empowers a law officer to request for an emergency restraining order if the officer has reason to believe that the person requiring protection is in immediate danger of domestic violence from the person against whom the restraining order is being sought.

 

The purpose of the EPO is to protect the abused person while they are in the process of applying to the court for a temporary restraining order. If the judge agrees with your request, he or she will grant a Temporary Restraining Order. 

 

   2. Temporary Restraining Order (TRO)

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A temporary restraining order lasts between 20 to 25 days. It is issued when the judge believes you are in immediate danger and you need protection before the court gives due process to the other party and hears and rules on your case.

 

After a temporary restraining order is issued, you will attend a court hearing 20 to 25 days later where the judge will determine whether to make the temporary order permanent.  A permanent restraining order can last up to 5 years. 

 

   3.  Permanent Restraining Order

 

This type of restraining order is preceded by the issuance of a temporary restraining order. Before a permanent restraining order is issued, a court hearing must be held. If during the hearing, the judge concludes that the person asking for protection is indeed in danger, he or she might issue a permanent restraining order.

 

The length of time covered by a permanent restraining order will vary based on the type of restraining order. For instance, a domestic violence restraining order is valid for 5 years while a civil harassment restraining order is valid for 3 years.