Restraining Orders Attorney in Santa Clarita

Confidential Legal Support for Restraining Orders in California  

In the state of California, having a restraining order filed against you can be very serious. Whether the order is civil or criminal, most restraining orders are considered public record. Because of the many consequences to having an order filed against you and the fact that potential employers, landlords, and even romantic partners can access this information at any time, it is fair to say that having a restraining order filed against you can have a huge impact on your life.

If you have had a temporary restraining order filed against you, it is important to act before your court hearing. Further, if you are being accused of violating the terms of a standing restraining order, getting reputable legal help fast is essential. Lias Law Firm in Santa Clarita has been handling cases related to civil and criminal restraining orders for over seven years and we are prepared to provide you with the aggressive and committed legal representation you require when dealing with cases like this.

Please give us a call at (661) 529-7011 to discuss your case with us today.

Understanding Civil Restraining Orders in California

People file civil restraining orders against others to protect themselves from civil harassment. Civil harassment includes stalking, harassment, and abuse.

Generally, there are four types of Civil Restraining Orders:

• Domestic Abuse Restraining Orders, which can be filed when a person has been abused by someone with whom they have had a close, often romantic, relationship.
• Elder or Dependent Adult Abuse Restraining Orders, which can be filed when a person who either has physical or mental disabilities or is aged 65 years or older has been the subject of neglect, abandonment, physical or financial abuse, harmful treatment, or deprivation from a caregiver
• Civil Harassment Restraining Orders, which can be filed when a person is being stalked, harassed, abused, or threatened by someone that they are not in a close relationship with (neighbors, distant family members, roommates, etc.)
• Workplace Violence Restraining Orders, which can be filed by employers to protect an employee from violence, harassment, stalking, or credible threats of violence.

All four of these types of civil restraining orders come with their own legal consequences, ranging from restricting where the restrained person can go to forcing the person to move out of their home, prohibiting the ownership of a firearm, and more.

Prior to finalizing a restraining order, a judge will issue a temporary restraining order. These last until a set court date in which a judge will determine whether it is necessary to render the restraining order permanent. Temporary restraining orders are not public record and can be dissolved if a judge finds that a permanent restraining order is not necessary. Therefore, it is necessary to secure legal representation as quickly as possible. If you have questions for our team, please reach out at your earliest convenience.

Navigating Criminal Restraining Orders

Many people are unfamiliar with criminal restraining orders as they are sought by judges as opposed to private citizens. These orders are put in place to protect either a victim of, or witness to, a crime from an aggressor, typically the defendant in a criminal case.

There are two types of Criminal Restraining Orders:

• No Contact Orders, which prohibit a person from entering the space of, or making any kind of contact with, the protected person
• Peaceful Contact Orders, which can permit interaction, contact, or shared space with the protected person if the contact is totally peaceful

What Are the Consequences of Violating a Restraining Order in California?

The legal consequences for a first-time violation of a restraining or protective order in California are paying a fine of up to $1,000, spending up to a year in jail, or both. These offenses are considered misdemeanors; however, repeated violations that involve violence make this a “wobbler” offense, meaning that the restrained person could be charged with a felony, the punishment of which is up to 3 years in prison and a fine of up to $10,000.

Further, being the restrained person in a restraining order and/or violating the terms thereof comes with a world of informal consequences. Restraining orders are public record, which means they can be accessed by anyone with the means to run a background check. This can lead to difficulty finding a job or securing housing. Further, the terms of the order may prohibit you from entering certain spaces, owning a firearm, or even living in certain areas.