A Sonoma County Restraining Order Lawyer Can Advise You On Protecting Your Rights
A restraining order can change your daily life overnight. It can restrict where you go, who you contact, and even whether you can remain in your own home. Violating the order can lead to criminal charges, even if the violation was unintentional.
Courts throughout California issue restraining orders to protect individuals from harm, harassment, or threats. While the court focuses on safety, the process can move quickly and often relies on one party’s initial claims. That makes it critical to understand your rights and your options from the start. A Sonoma County restraining order lawyer can review the order and help you determine your next steps.
What Is a Restraining Order?
A restraining order is a court order that limits one person’s ability to contact or approach another. The court may prohibit communication between the parties or even require them to remain a certain distance apart.
In California, courts often issue temporary restraining orders quickly, sometimes without first hearing from the accused. These temporary orders remain in place until the court holds a full hearing, which is usually scheduled as soon as possible.
At that hearing, the judge decides whether to issue a longer-term order, which can last several years. The court relies on testimony, written declarations, and other evidence to make that decision. A Sonoma County restraining order lawyer can help you prepare for that hearing and present a strong response.
Different Types of Orders in California
California law provides several types of restraining orders, including the following:
Domestic Violence Restraining Orders
Under California Family Code § 6200 et seq., courts issue domestic violence restraining orders in cases involving spouses, former partners, family members, or people who share a household.
Civil Harassment Restraining Orders
California Code of Civil Procedure § 527.6 governs civil harassment restraining orders. These apply when the parties do not have a close personal relationship.
Workplace Violence Restraining Orders
Under Code of Civil Procedure § 527.8, employers can seek restraining orders to protect employees from threats or violence at work.
Dependent Adult Abuse Orders
California Welfare and Institutions Code § 15657.03 allows courts to issue restraining orders to protect elders or dependent adults from abuse, neglect, or exploitation.
What Steps Can You Take When an Order Has Been Issued?
If the court issues a restraining order against you, the following steps are crucial for protecting your rights.
Review the Order Immediately
Understanding the terms of the order is important, so you should read it as soon as you receive a copy. Your attorney can help you understand what certain terms or phrases might mean.
Comply with All Terms
Once you’ve been served with the order, you need to follow its terms to the letter. Any failure to comply could lead to criminal charges that could land you in prison.
Prepare for the Hearing
You are entitled to a hearing regarding your restraining order, especially if one has already been granted temporarily. Before the order, collect any evidence you might need to make the case that the order is unreasonable.
Consult an Attorney
A Sonoma County restraining order lawyer can help you build your defense, prepare your testimony, and ensure that you meet all procedural requirements.
Why the Order May Have Been Issued
Courts issue restraining orders based on allegations of harm, threats, or harassment. Common reasons include:
- Domestic violence or threats between partners or family members
- Allegations of stalking or harassment
- Disputes involving neighbors or coworkers
- Claims involving sexual misconduct or unwanted contact
- Concerns about workplace safety
- Allegations of elder abuse or neglect
The court may issue a temporary order based on limited evidence, which makes it important to respond quickly.
What to Do If You’ve Violated an Order
Allegations that you’ve violated the terms of a restraining order are serious, but they don’t automatically lead to criminal charges. Your Sonoma County restraining order lawyer can help you take the following steps to protect yourself:
Stop All Contact Immediately
End any communication or interaction that violates the order. Do not attempt to explain or resolve the situation directly with the protected person.
Document What Happened
Write down the details of the alleged violation, including when it occurred and who was present. If there was a recording of the incident, secure a copy as soon as possible.
Avoid Further Violations
Even minor or indirect contact can create additional charges, which will only make it harder for you to avoid a conviction. Do what it takes to avoid any alleged violations of the order moving forward.
The Importance of Having a Defense Attorney
Restraining order cases move quickly and can have lasting consequences. Because of the way these orders can drastically impact your life, it’s a good idea to consult with legal counsel right away.
Your lawyer can quickly review the order and help you understand what led to it. They can conduct an investigation to not only get a clear picture of what happened, but also to develop a strategy to have the order lifted. It’s not unusual for the courts to grant a temporary order, only for them to lift it once the accused has their day in court.
More than anything, having a lawyer helps you avoid mistakes that can hurt your case. Many people harm their case by contacting the protected person or failing to follow court procedures.
Work With a Sonoma County Restraining Order Attorney
If you have been served with a restraining order or are accused of violating one, it’s important that you seek help from an experienced attorney right away. The Law Offices of Andres Rico can answer your questions and provide the guidance you need. Reach out to a Sonoma County restraining order lawyer today for a confidential consultation.
FAQs
Will a restraining order go on my criminal record?
Having a restraining order itself is not a crime that goes on your record, but violations can lead to criminal charges.
How do I fight a restraining order in Sonoma County?
You must attend the hearing, present evidence, and challenge the allegations. Having an attorney on your side is vital throughout this process.
What happens if I don’t show up to the hearing?
The court will likely issue a permanent restraining order against you, as there will be no one to tell your side of the story.