Being convicted of domestic violence in San Diego, California can result in numerous penalties, including jail and fines. However, an alleged victim could also request the court to issue a domestic violence restraining order. It is important to take action to protect your rights.
Our legal team at Blair Defense Criminal Lawyers has handled thousands of cases. We have San Diego’s top-rated trial attorney working to protect the accused’s legal rights and best interests.
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How Our San Diego Criminal Defense Lawyers Can Help You Fight a Domestic Violence Restraining Order
At Blair Defense Criminal Lawyers, we have helped numerous individuals fight back against domestic violence charges and restraining orders. We’ll use all our resources, skills, and legal knowledge to do the same for you.
You can trust that you’ll receive experienced, trusted legal advice and representation. Our founding attorney has a Superb 10.0 Rating on Avvo and was named one of the National Trial Lawyers’ Top 40 Under 40. In addition, he was named one of America’s Top 100 Criminal Defense Attorneys in 2020.
When you hire one of California’s top defense attorneys to handle your case, you can expect us to:
- Investigate the circumstances that led to the allegations of domestic abuse and the request for a restraining order
- Advise you of your legal rights and your options for an effective criminal defense strategy
- Represent you at all court hearings, including the restraining order hearing
- Work to limit the number and type of restrictions placed on you by the court
- Provide an aggressive legal defense during every aspect of your criminal case, including inside and outside the courtroom
We understand that domestic violence charges and restraining orders can significantly impact your life and future. With the help of our Domestic Violence Attorney in San Diego, you can fight back against unfounded allegations and unreasonable restrictions on your freedom.
Call us now to schedule your free consultation to discuss how to fight a domestic violence restraining order in California.
How Does Someone Request a Domestic Violence Restraining Order in San Diego, CA?
The judge issues a restraining order or protective order to prevent a person from engaging in specific activities. A criminal protective order may be issued against you if there are allegations that you threatened to abuse a person with whom you have a close personal relationship.
Close personal relationships can include married spouses and domestic partners. However, it also includes people who are separated, divorced, or dating.
Living with someone now or in the past can also be considered a close personal relationship. In addition, siblings, parents, and co-parents of the same child are considered to have a close personal relationship.
The steps to request a restraining order in San Diego include:
- File the required forms with the court to request the restraining order.
- The judge decides whether to grant a temporary restraining order within one business day.
- A hearing date is set for the judge to determine whether to make the temporary order permanent.
- The person restrained must be served a copy of the order. The person may file a response to the restraining order before the court date.
- After hearing arguments from both parties at the restraining order hearing, the judge decides whether to end the restraining order or extend it for up to five years.
- If a party does not attend the court hearing, the judge rules without considering their arguments.
A restraining order after a hearing can severely restrict your activities and freedom. Therefore, contacting a San Diego domestic violence attorney as soon as you receive notice of a domestic violence charge or restraining order is crucial.
What Types of Restraining Orders Are Issued in California Domestic Violence Cases?
Under California law, judges may issue the following types of protective orders in domestic violence cases:
Emergency Protective Orders
Police officers are the only ones who can request emergency protective orders. The court decides these orders in a matter of minutes, but the order only lasts up to seven days.
Temporary and Permanent Restraining Orders
Domestic violence restraining orders help keep victims safe from abuse. They order the abusive person to stay away from the protected person and refrain from specific activities. The temporary order remains in effect until a hearing is held.
The violence prevention provided by a restraining order only lasts up to five years. After that, however, a person can ask the court to renew the restraining order if necessary.
Criminal Protective Orders
A prosecutor can request the court to issue a criminal protective order when they charge someone with domestic violence or sexual battery. The purpose of a criminal protective order is to keep a victim safe. These orders can remain in place for up to three years.
How Does a Domestic Violence Restraining Order Work?
The restraining order is an injunction. It prohibits you from taking certain actions or engaging in specific activities.
Standard restrictions outlined in a domestic violence restraining order include:
- The restrained person must move out of the shared household and not enter the home or grounds
- The court may restrain the person from communicating with the protected person, either directly or indirectly
- The restrained person is prohibited from threatening, stalking, or harassing the protected person
- Generally, a domestic violence restraining order takes away the restrained person’s right to purchase, sell, possess, or use firearms
If the couple has children, a restraining order could impact child custody. The order may award temporary custody to the protected person. In addition, the court can require the restrained person to pay child support and adhere to a child custody arrangement.
What Are the Penalties for Violating a Domestic Violence Restraining Order in California?
California Penal Code §273.6 addresses violations of a domestic violence restraining order. You could be fined up to $1,000 for violating the order. The judge could also sentence you to serve up to one year in county jail.
Our attorneys at Blair Defense Criminal Lawyers can help defend you against these criminal charges to avoid a criminal record.
A defense strategy could include allegations that you:
- Did not intend to violate the restraining order
- You were not aware a restraining order existed
- You did not understand the terms and conditions of the restraining order
- The court issued the restraining order improperly
If you receive notice of a restraining order, contact our office immediately to speak with a San Diego criminal defense lawyer. We’ll help you understand the terms of the restraining order so that you can avoid violating the order. Our lawyers will work with you to build a defense against the order to present to the judge at a final hearing.
Schedule a Free Consultation With Our San Diego Domestic Violence Lawyers
We have handled countless cases like yours. Our legal team is prepared and ready to fight for you. Contact our law office to schedule a free case evaluation with an experienced San Diego criminal defense lawyer.