Restraining orders serve an important need in cases of domestic violence and criminal actions, but often, they can be implemented under unfair or frivolous circumstances, resulting in unnecessary hardship for the person named in the order.
Filing a restraining order is not a difficult process in California, but defending yourself against an order is much more difficult. If the order is upheld in the court system and levied against you legally, it can have serious repercussions on your job and your social life.
In California, several types of restraining orders can be filed
In Orange County, domestic violence restraining orders are by far the most common. They can be filed by anyone who feels they’re being abused by someone with whom they share a close relationship, including:
If a restraining order is issued against you, you’ll be given specific instructions on how to comply. Under most restraining orders, you must:
Civil harassment restraining orders can be issued by a person you know but who is not a close friend or relative, or otherwise doesn’t “fit” under domestic violence restraining order guidelines, including neighbors or co-workers. If a civil harassment restraining order is filed against you, you won’t be able to have contact with the person who files the order and you also will not be allowed to own or possess a firearm.
These orders can be filed by anyone over age 65 or by someone between the ages of 18 and 64 who also has a disability. If an elder or dependent adult abuse restraining order is filed against you, you may be required to stay away from the person and you also may be ordered to pay restitution to the person. You also will not be able to possess a firearm.
Workplace restraining orders can only be filed by employers in order to protect an employee from a threat of violence while on the job. It cannot be filed by the employee directly (although the employee may file a civil harassment restraining order). If this type of restraining order is filed against you, you will be prohibited from having any contact with the employee and you also won’t be able to possess a firearm.
Protective orders are similar to restraining orders, preventing or limiting contact between two people. However, unlike restraining orders, protective orders can only be initiated by a judge. Protective orders are often issued in criminal cases, including domestic violence cases.
As soon as you learn a restraining order has been filed against you, you need to begin working with an experienced Orange County criminal defense lawyer so you can take every step possible to protect your rights. Building a successful defense depends on gathering evidence and other information, a process that can take time.
All too often, Orange County restraining order petitions are based on unlawful or frivolous claims, and unless you know the law and your rights, you can wind up being severely penalized for no good cause. And even if you have a restraining order filed against you already, a skilled Orange County defense attorney can seek to have the order dismissed or modified so it doesn’t impinge on your life.
Maltaise Cini has more than 20 years’ experience in domestic violence cases, and she works tirelessly to ensure her clients’ rights are fully protected. She understands the toll a restraining order or restraining order violation can have on a person’s family and social life, as well as the emotional drain a frivolous or unwarranted charge can bring. And she also knows every case requires individual attention to detail to ensure the strongest and most effective defense is presented.
As a top-rated Newport Beach restraining order attorney, Maltaise Cini is ready to help you defend your rights. Contact her office today at 949-660-1389 to schedule a free consultation and protect yourself from unfair or unlawful accusations.