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San Luis Obispo Restraining Order Attorneys

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. Call our San Luis Obispo family law attorneys at 805 Law Group to schedule a consultation!

Why Do I Need Restraining Order Attorneys in California?

Most Temporary Restraining Orders (TRO) last between five and seven days while Permanent Restraining Orders (PRO) have a five-year duration. If you have an existing restraining order against someone and they violated it, a family law attorney in San Luis Obispo can ask the court to find that they broke the restraining order and give them the right punishment for doing so.

There are a lot to fill out paperwork to get a restraining order. The people who work at the court can’t help you fill out the forms. It is important to understand the forms you are filling out so that you can fill them out in a way that will help you get what you need out of the restraining order proces, Talking to an experienced restraining order attorney is a good way to make sure you understand the forms and fill them out correctly.

Our San Luis Obispo and Atascadero lawyers at 805 Law Group are experienced hometown attorneys you can trust. Our attorneys go above and beyond to attain maximum results for the clients we serve.

What is a Restraining Order and How Does it Work?

restraining order attorneysPersonal conduct, “stay away,” and “move out” orders fall under the category of restraining orders. A court will instruct a party who is subject to a restraining order to stop performing any of the specified acts. The violation of the order is sufficient grounds for arresting the restrained individual.

Typically, personal conduct orders prohibit attacking, stalking, or interacting with the protected person. This includes both personal and social media contacts. Stay-away orders specify the minimum distance that must be maintained between affected individuals (often about 100 yards, although accommodations can be made). 

“Stay away” orders may also include restrictions on where the restrained person may go, such as the workplace or the home of a spouse.

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 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! 

How Do You Get Restraining Orders: Filing a Restraining Order

A person who wants a Restraining Order can either go to court and fill out paperwork or hire an attorney to do it for them. The initial paperwork calls for a description of the situation and the reasons why it poses a threat. A judge will review this statement and determine if a TRO (Temporary Restraining Order) must be granted. This can occur without the presence of the individual being restrained. The duration of the TRO is typically a few weeks. Then, a hearing will determine whether the claimant should be granted a Permanent Restraining Order. (The actual duration of this order is five years.) Without a jury, both parties will present evidence to a judge, who will then decide whether or not to issue a Restraining Order.

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 Law Group today 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 San Luis Obispo County attorneys 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 805 Law Group now to schedule a consultation today.

Possible Defenses to a Restraining Order Violation

Your San Luis Obispo Restraining Order Attorney may choose to raise one of the following defenses, depending on the specifics of your alleged restraining order violation:

  • You didn’t know you had a restraining order, so you didn’t do it on purpose. 

This defense is only valid if you were not served with the restraining order or if it was mistakenly delivered to the wrong person.

  • The restraining order may have been violated accidentally or without your knowledge. 

Perhaps you were prohibited from approaching the alleged victim within a certain distance, but you inadvertently entered the same store, restaurant, or other public area. In this instance, there was no purpose to violate the restraining order, as the violation was unintentional.

  • Alleged victim wrongfully accused you of violating restraining order. 

In some cases, particularly during a contentious custody dispute or divorce, the alleged victim may falsely claim you violated the restraining order out of vengeance. When a restraining order is issued, it is important to have an experienced restraining order attorneys on your side. 

However, if you are falsely accused of violating the order, it is crucial to have an attorney fighting aggressively to clear your name and help you avoid the severe penalties associated with the alleged violation.

  • You are unable to physically adhere with the restraining order. 

Assume the order forbids you from driving on the street where the complainant resides, but there is no other way for you to reach your place of employment. You did not intentionally violate the restraining order because you are unable to comply with it.

  • Lastly, if the restraining order was improperly or illegally issued, you are not bound by its terms and cannot be convicted of violating them.

Perhaps the court that granted the restraining order lacked the authority to do so, or perhaps the facts upon which the restraining order was based were false or misleading.

Call our Experienced San Luis Obispo Restraining Order Attorney

A restraining order is a sign of a challenging period in your life. At 805 Law Group, 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 and Atascadero family law office today to schedule a consultation with our experienced family law attorneys!