If someone has filed or been granted a temporary restraining order against you in San Diego, you likely have questions about what this means for you. Having a restraining order against you, even a temporary one, can have significant implications on your work, home, and family life. A restraining order is most commonly filed amidst domestic violence allegations, where the alleged victim files an order against the person who has been conducting the violent acts.
Restraining Order Basics
When a person has a demonstrated fear of harm or bodily injury, they may file for a temporary restraining order against the person who is causing that harm. There is a relatively simple form that alleged victims can fill out and submit to the court. The victim is called the petitioner at this point. If this document is filled out thoroughly and the defendant (the person being accused of the abuse) does not timely respond to the allegations, the restraining order will likely be granted. California law requires notice of the restraining order filing in most circumstances, though there are exceptions if there is a verifiable possibility of great bodily harm or irreparable injury. If notice is given and the petitioner fails to appear or is unprepared for the initial hearing, the court will often dismiss the temporary restraining order at that time. Alternatively, the court will hear both party’s “sides”, so to speak, and make a ruling about whether the restraining order should be entered against the defendant.
If a temporary restraining order is granted, there are many options for protection, including requirements that the defendant stay away from the petitioner or their children, move out of the home, refrain from contacting the petitioner, or utilizing shared personal property. The petition for a restraining order also allows the order to extend to children and other family or household members.
Restraining Order Implications
If a restraining order is entered against you, you may not be able to contact your family or children for a certain amount of time. You may have to relinquish possession of your firearm. You may be required to pay some of the petitioner’s court or attorney’s fees incurred in filing the restraining order and having it entered in court. Moreover, these restraining orders can be temporary and last anywhere from 6 months to three years, or be permanently entered against you.
San Diego Criminal Defense Attorney
Contesting the restraining order with the support of a knowledgeable restraining order criminal defense attorney is the best way to explain yourself and avoid having an order entered against you. There are logistical and strategic decisions that need to be made when presenting your case to the judge; by responding to the allegations against you through experienced counsel, you greatly increase your chances of having the order dismissed.
At Ozols Law Firm, Alex Ozols understands that people make mistakes and that the restraining order may be nothing more than a misunderstanding. Mr. Ozols will confidentially and confidentially take your case from start to finish to ensure that you have the best chance at having this interfere with your life as little as possible. Contact his San Diego office for a free consultation to learn more about your legal rights.