Restraining Order in San Diego
Imagine that you were removed from your home, now you are not allowed to see your wife, be around your kids or live in your own house. A restraining order has the power to destroy your life by taking away everything that matters and forcing you to stay away from your family. More often than not, these petitions are frivolous in nature and are brought due to some child custody dispute, visitation issues, spousal support. This is what drives the agenda of the criminal courts. This is because the burden of proof in a family law case is lower compared to the burden in the criminal courts.
So if a judge makes an order against you in a criminal court it is likely that the judge in the family law court will follow the same order. Moreover when it comes to restraining orders, courts will often side with the victim in order to prevent further altercations. If you are notified that a restraining order is being filed against you, it is in your best interest to immediately hire an experienced criminal lawyer. At Monder Law Group we understand what is at stake with any type of restraining order and will fight zealously to protect your rights and prevent the judicial system from being abused by individuals who are only trying to harm you.
Emergency Protective Order in San Diego
What is an EPO?
An emergency protective order that legally prohibits you from coming near or contacting the victim.
How do I get an EPO?
An emergency protective order is issued immediately after the police arrive at your home by an on call judicial officer.
How long does an EPO remain in effect?
An emergency protective order will remain in effect for five court days or seven calendar days.
What happens after EPO expires?
The victim can seek a Temporary Restraining Order.
Temporary Restraining Order in San Diego
What is a TRO?
A temporary restraining order is a court order to stay away from the person identified as the protected person.
What misconduct results in a TRO being filed?
- Actual threats of harm or harassment;
- Unlawful violence;
- A credible threat of violence;
- Intentional conduct that causes you substantial emotional stress.
Who usually files a TRO?
A temporary restraining order is usually filed by victims in response to domestic violence allegations.
Who does a TRO protect?
The court will grant a temporary restraining order as a precautionary measure to protect you and your family from potential harm.
How long does it take for a TRO to take effect?
In most cases, a temporary restraining order is granted the same day in which the paperwork has been filed. Once it has been filed and you have been served, it takes effect immediately.
How long is TRO valid for?
Temporary restraining orders usually are granted for up to 25 days. Before the TRO expires, a hearing will be held to determine if a permanent restraining order should be issued.
How long do you have to wait to change the TRO to a Permanent Retraining Order?
Both parties will appear in court within 25 days of when the temporary restraining order was granted.
What happens at this hearing?
The judge will hear from both parties in addition to any witnesses to determine whether a Permanent Restraining Order is necessary.
What happens to the TRO?
Once the court issues a permanent restraining order, the temporary restraining order will be dissolved and the matter will be terminated.
Permanent Restraining Order in San Diego
What is a PRO?
A permanent restraining order is a court order instructing the restrained person to stay away from the person identified by the order as the protected person.
Who does a PRO protect?
A permanent restraining order identifies the petitioner as the protected person and includes that person’s immediate family and/or household members.
What are the immediate consequences of a PRO?
After a permanent restraining order is filed against you and you have been served, the order goes into effect immediately. Preventing you from entering your own home or seeing your children.
What are the long term implications of a PRO?
Once a permanent restraining order is filed against you, it becomes a part of your criminal record. This will be detrimental to you when doing anything that requires you passing a criminal background check.
Can a PRO be modified?
Yes the protected person can request that a permanent restraining order be modified by asking the judge for a peaceful contact or no negative contact order. This would allow you to be in contact with your family again, see your kids and maybe even move back home so long as the contact is peaceful.
How long does a PRO remain in effect?
Permanent restraining orders are not actually permanent. They typically expire after five years. When it expires, the protected person can ask for a new restraining order to remain protected.
What happens if a party to the PRO moves out of state?
The permanent restraining order remains in effect across state lines and will be enforced by law enforcement agencies in the new state.
What happens the first time I violate the PRO?
You will be arrested and may be charged under California PC 273.6 and may face up to one year in jail and fines of up to $1,000.
What happens if I violate the PRO more than once?
Subsequent violations of a permanent restraining order within seven years are punishable by increasingly mandatory minimum sentences, up to and including three years in jail.
What if while in violation of the PRO, I injure someone?
Your fine can double to $2,000 and you face up to one year in jail.
Full Criminal Protective Order in San Diego
What is a CPO?
A criminal protective order legally prohibits you from coming near or contacting the victim during an ongoing criminal case.
Who does a CPO protect?
Victims of violence, witnesses subject to intimidation and their families can be granted protected person status during a criminal case.
Who issues a CPO?
A criminal protective order may be issued at the request of law enforcement to protect a person deemed to be at risk as the result of a criminal investigation or a victim of a crime.
How long is a CPO valid for?
It depends on the reason for the issuance of the order. If the criminal protective order was issued to protect a victim or witness from harm or intimidation to testify in a criminal case, the length of the order will be three years.
When is a CPO terminated?
After the defendant has been convicted and sentenced, the criminal protective order is automatically terminated.
What happens if a civil restraining order conflicts with CPO?
A criminal protective order supersedes any other type of civil restraining order issued by a family court judge or civil order.
What can CPO order me to do?
▪ Not contact or go near you, your children, other relatives, or others who live with you;
▪ Stay away from your home, work, or your children’s schools;
▪ Move out of a shared residence;
▪ Forfeit his or her right to own or possess a firearm while the order is in effect.
Why do I need an attorney for any type if protective order?
A hearing for a restraining order can be requested and scheduled without your knowledge. This puts you at a clear disadvantage that the petition will be granted, without you having an opportunity to be heard on the matter.
How an Experienced San Diego Criminal Defense Attorney Can Help You Contest a Restraining Order
At Monder Criminal Lawyer Group, here's what we can do for you:
- Fight the allegations outlined in the petitioner’s DV-100, using DV-120 forms to explain your story to get the temporary restraining order lifted.
- Schedule a hearing that could prevent the temporary restraining order from becoming permanent.
- Appeal the temporary restraining order if it was granted improperly or due to falsified information.
- Negotiate modifications to the restraining order to help you get a no negative contact order from the judge.
We also help our San Diego clients with various domestic violence cases and all other types of criminal offense charges, including charges for vandalism.