San Diego Restraining Order Attorney
If someone is seeking either a restraining order or TRO against you, or if you have been charged with violating a restraining order, you need an experienced San Diego restraining order lawyer on your side. Call Ozols Law Firm today for a free consultation. Alex Ozols has the experience you need when dealing with a restraining orders. We are available 24/7 to take your call.
What is a Restraining Order?
A restraining order is an order issued by the court prohibiting certain conduct of the served party. For example, if you are ordered to abide by a restraining order you may be prohibited from visiting a specified location or required to maintain a certain distance from another person. Restraining orders are commonly issued when there are domestic violence allegations. Restraining orders must typically be dealt with immediately, so it is in your best interests to immediately speak with an experienced San Diego restraining order attorney.
What Are The Consequences of a Restraining Order in San Diego?
- Your information will be put into a National database that will come up every time you are pulled over.
- In San Diego, the Sheriff’s Department keeps a public online database of those currently under a restraining order.
- Restrictions on your use of firearms for that period of time and make you surrender any firearms in your possession. (California Penal Code 273.6(g)(1))
- Immigration problems and issues crossing the border when driving or flying.
- If you have a child, there can be severe ramifications regarding child custody.
How Long Does A Restraining Order Last?
If granted, a restraining order generally applies for a term of anywhere between 6 months to 3 years. The duration depends largely on the specifics of your case and quality of your legal representation. Having a qualified San Diego criminal attorney assist you can greatly improve your chances of a positive outcome.
Criminal Consequences for violating a Restraining Order
If you violate a restraining order, more serious consequences apply. Under California Penal Code 273.6, it is a crime to knowingly violate a protective order. You can be fined, imprisoned, or both. If the violation includes physical injury, the punishment will be more serve. (Cal. P.C. 273.6 (b).)
Contesting a Restraining Order
If served with a TRO it is important that you respond. If you do not contest the order, it will be automatically granted and you will have no recourse to appeal the decision at a later time. For a civil restraining order one needs to fill out the CH-110 form. Although this form is relatively straightforward, it is always recommended you have any attorney to guide you through this paperwork. Everything you say in court can be used against you in the current hearing or any subsequent hearings, so it is therefore very important to be properly represented throughout the process.
A DV restraining order requires a DV- 120 form for the response. Just like the civil harassment hearing this paperwork needs to be mailed to the other party and filed with the court. On the DV- 120 form there is a part where it says “reasons why I do not agree.” This is the most important part of the response and needs to be written in a way that is most pleasing to the judge. The judge reads the DV-120 before the actual hearing. This gives the respondent an opportunity to explain why the information the petitioner is saying is not true and get the judge on your side. Like the CH-110 form, having the assistance of a qualified attorney helps to ensure that your side of the story is presented in the most favorable way to you.
What Happens At The Restraining Order Hearing?
During your hearing the court decides whether to grant or deny the order. This hearing takes place after the court has read both the petition and response. The hearing would go as follows.
- The petitioner (person seeking a restraining order) has a chance to present their case first. This is an opportunity to testify to any other additional information that was not in the petition, to call witnesses and to show the judge any other evidence they may have. At this time the defense attorney representing the respondent will get an opportunity to cross-examine the petitioner.
- The respondent (person being restrained) can present their case. This is a chance for the respondent to present their case in front of the judge, to show that the allegations the petitioner made were not true and to let the judge hear all of their additional evidence. Having an attorney by your side who is experienced in defending against restraining orders can greatly increase the chances of a positive outcome. As your lawyer, Mr. Ozols will cross-examine any witnesses testifying against you to test for weaknesses and inconsistencies.
Typically a restraining order hearing ends with an argument on both sides. Both parties explain why the burden has or has not been met and why the order should be either granted or denied.
Call An Experienced Restraining Order Lawyer To Defend You
A restraining order is a very serious issue. If you have been served with one call San Diego restraining order lawyer Alex Ozols today to discuss your best legal options.