The filing of a restraining order can have serious consequences against the restrained party. When a Temporary Restraining Order (TRO) is filed, the first step in seeking a permanent restraining order, the restrained party will generally have about three weeks to appear in court to defend themselves against the claims made by the opposing party. The parties will appear in court and a judge will determine if the order should be granted. The parties can file paperwork to support their arguments, and the court will take testimony and other relevant evidence at the hearing before making a decision.
The consequences of an unsuccessful hearing can be severe. The restrained party will have to relinquishment their firearms, restrict their movement, and face potential criminal prosecution for violating the order. Criminal charges can include PC 273.6, violation of a restraining order; and PC 29825(b), owning or processing a firearm while under a restraining order. Restraining orders can last up to five years, depending on the type of order that is granted.
You have the right to defend yourself against the allegations made at a restraining order hearing – including the right to present evidence on your own behalf, confront and cross examine the witnesses, and hire an attorney. An attorney experienced in adversarial proceedings in a courtroom is advantageous at a restraining order hearing. He or she will know how to cross examine witnesses to assess their credibility, dispute incriminating evidence, present favorable evidence to the court, and argue persuasively for a dismissal.
The most common types of restraining orders include the following:
Domestic Violence Restraining Orders (DVTRO)
Someone may apply for a domestic violence restraining if they are married or registered domestic partners, divorced or separated, dating or used to date, living together or used to live together, parents together of a child, or they are closely related; for example, a parent, brother, sister, child, grandmother, in law, etc.
Elder Abuse and Dependent Adult Restraining Orders:
An Elder or Dependent Adult Abuse Restraining Order applies to a person who seeks a protective order because he or she is concerned with financial or physical abuse, abandonment, neglect, or isolation. Moreover, it can apply to treatment that has been physically or mentally harmful to the elder or dependent adult, or deprived by a caregiver of goods or services the protected party needed to avoid harm or suffering, or emotionally abused by a caregiver.
Civil Harassment Restraining Orders
A person may apply for a Civil Harassment Restraining Order if they are concerned about their safety because they are being stalked, harassed, sexually assaulted, threatened, or there have been acts of violence against you
Work Place Violence Restraining Order:
An employer whose employee has suffered unlawful violence or threat of violence from any individual that can be construed to be, or to have been, carried out at the workplace, may seek a restraining order through the court. A Work Place Violence Restraining Order only applies to the employer. That is, an employee cannot try to obtain a Workplace Violence Restraining Order on his or her own behalf.
If you have been served with a restraining order, or need representation for a hearing, contact Kern Law, APC today. We have successfully defended many clients against the filing of a restraining order.