Restraining orders can be beneficial for someone who is in need of protection. There are serious consequences for those who violate restraining orders. Regardless of which side of the spectrum you are on, whether you are the victim or the defendant, obtaining an attorney in these cases is extremely valuable. Contact an experienced Los Angeles restraining order attorney at The Rodriguez Law Group if you are seeking a restraining order or if you have been accused of violating a restraining order.
What are Restraining Orders?
A restraining order, also called a protective order, is a court order that can protect someone from being physically or sexually abused, threatened, stalked, or harassed. The Judicial Branch of California defines the person getting the restraining order as the protected person and the person the restraining order is against as the restrained person. Restraining orders prohibit certain conduct of the restrained person and are usually issued during domestic violence allegations. Unlike other actions, restraining orders generally need to be dealt with within a prompt time frame.
There are four different types of orders that a person can request. These orders include:
- Domestic violence restraining orders
- Elder or dependent adult abuse restraining orders
- Civil harassment restraining orders
- Workplace violence restraining orders.
Restraining orders can include personal conduct orders, stay away orders, and residence exclusion orders. These orders have the ability to last anywhere from six months to three years and therefore should be taken seriously.
What are the Consequences of Violating a Restraining Order?
Once a restraining order is taken out against you, it is in your best interest to contest the order. Not contesting the order results in an automatic grant in which you will not be able to appeal the order and there are serious consequences that may arise.
According to California’s Penal Code Section 273.6, it is a crime to knowingly violate a protective order and you can be fined, imprisoned, or both. If the violation of a restraining order includes physical injury, the punishment is more severe.
In addition to fines and imprisonment, there are other consequences that come along with the violation of a restraining order or a temporary restraining order. These consequences include, but are not limited to:
- Your name appearing in the National Database that will appear when you are stopped by a police officer
- Possible immigration issues
- Firearm usage is restricted during the time frame within the restraining order
- A change in a child custody arrangement
Need Legal Advice?
If someone is seeking either a restraining order against you or if you have been charged with violating a restraining order, you need an experienced Los Angeles criminal lawyer at The Rodriguez Law Group to help you with your case. We understand how important it is to get your life going in the right direction and we are here to help!
Last Updated on December 29, 2021