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You must relinquish any firearms you own. You are not allowed to contact the petitioner nor share a living space with the petitioner
What is and how many Types of Restraining Orders are there?
A restraining order is a serious matter that can lead to severe legal problems while creating substantial complications in a person's life.
There are 4 kinds of orders you can ask for:
- Domestic Violence Restraining Order
- Elder or Dependent Adult Abuse Restraining Order
- Civil Harassment Restraining Order
- Workplace Violence Restraining Order
Violating a domestic-violence restraining order:
If the restrained person violates (breaks) the restraining order, he or she may go to jail, or pay a fine, or both. The existing maximum penalty is 6 months. The new law 2017 added to PC§166 and increased the misdemeanor penalty from 6 months. This makes the DV violations punishable by up to one year.
Drinking and being under the influence of substance, prescription drugs or any mood influencing drugs may alter your judgement and lead you to behavior that may be labeled abusive or stalking, thus leading to charges of stoking and abuse, hence leading to restraining order.
Someone who claims to have been the victim of domestic violence and feels threatened can file an affidavit at the local courthouse against the person he or she claims is a threat. A temporary restraining order will be issued, followed by a hearing to determine if a temporary or permanent restraining order is needed. Consequently, when a restraining order is first issued, you're not called to testify or defend yourself. Only at the hearing later will you have an opportunity to counter the claims contained in the original affidavit.
Civil restraining orders
can be used in non-domestic situations when the parties are unrelated. Bill Paparian has successfully represented those seeking a restraining order and those that have had one issued against them. As a result, we understand the issues and processes involved.
How a Restraining Order Can Impact Your Life
The consequences of a restraining order include the following:
- You must relinquish any firearms you own.
- If you share a living space with the petitioner, you must vacate the premises.
- You are not allowed to contact the petitioner, his or her family members, friends, or children.
- If you are divorced your visitation or custody rights may be curtailed or modified.
- You can be picked up by police at any time should they receive a report that you violated the terms of a restraining order.
- You can be charged with the crime of Violating an Injunction.
Fighting a Restraining Order
It's not uncommon for a restraining order to follow suit upon a domestic disturbance call. In many cases, when police respond to a domestic disturbance call, they arrest and remove the male present. As a result, very little -if any- evidence or eyewitness testimony is collected. If an angry spouse, ex-spouse, or girlfriend wants to make your life difficult and force you to leave your home, they can file a restraining order, using the domestic disturbance call as evidence against you.
Regardless of whether you've had a restraining order issued against you or have been arrested for allegedly violating one, we can help.
To discuss your Restraining Order case, contact Bill Paparian today.
In between the issuance and lift dates of the restraining order new circumstances may rise, such as DUI-DWI, emotional encounters-angry emails or texts amongst the involved parties; these may lead the parties involved into prolonged court proceeding and the restraining order may stay longer than needed or desire.
When the need to acquire a restraining order is risen, do your research read everything before signing the order, better yet do it through a lawyer.
Protective orders. New 2016 bill
Current law authorizes the court to reissue a restraining order that was dissolved by the court for failure to serve the respondent within 5 days. Current law provides that a reissued order remain in effect until the date of the hearing, and requires that the reissued order state the date that the order expires.
This 2016 new bill would permit either party to request a continuance of the hearing, as specified, which the court would be required to grant on a showing of good cause.
Restraining orders are necessary to protect ones safety from another, however, never take it lightly. Contrary to common belief, having it lifted is not as simple as one might think.