Restraining orders are issued by the court in instances where violence has been alleged between two parties or one of the parties feels there is a serious threat to their safety and life.
Often restraining orders are issued without any real threat existing. Typically, the circumstances surrounding these order requests are riddled with emotionally charged feelings as, in most cases, they deal with family members or a couple who is involved in an intimate relationship or married. Often, there are knee-jerk reactions involved and people do things that they often regret later.
A criminal defense lawyer can protect your rights; especially in the case where the restraining order was issued based on false information and was done in retaliation for some perceived offense. Call Robert Hickey now if you have been served with an RO.
Often in cases of domestic violence, law enforcement will pressure a person into asking for a restraining order. Sometimes that person does not wish to obtain such an order and is forced into doing so. The court may even issue an order on its own, without the protected person’s consent and against their wishes.
If you are being coerced into filing for a restraining order or a restraining order has been placed against you without the protected person’s consent, you need to contact a criminal defense attorney in Orange County to act on your behalf to have to order rescinded, Robert Hickey can advise you on how to handle these situations.
In California, there are 4 types of restraining orders that can be obtained from the Court.
- Elder or Dependent Abuse
- Domestic Violence
- Workplace Violence
- Civil Harassment
Elder-Dependent Abuse ROs are obtained by individuals who are 65 or older or 18-64 years of age and have mental or physical disabilities that prevent the person from being able to protect themselves. This can protect them from physical abuse or financial harm. They can also protect the person from abandonment or neglect or from treatment they do wish to receive.
Domestic Violence ROs are ordered when there is a close familial or intimate relationship with a person and there is evidence of physical harm or the person asking for the order is in fear for their safety from the other person.
Workplace Violence ROs can only be requested by an employer who is seeking to protect an employee who is the victim of abuse, harassment, stalking and there is a threat of violence that could potentially occur at the workplace as a result of this situation. The employee cannot request this type of order.
Civil Harassment ROs are used when there is no familial or intimate relationship between the two people involved. These orders can be obtained against a co-worker, friend, neighbor or distant family relatives like cousins or uncles.
What Restraining Orders Do
Orders are usually issued as a temporary order and are effective for 5 days. Once the judge rules on the validity of the claims made and reviews the evidence, if warranted, he will issue a more permanent order. This order can remain in effect for 6 months to 3 years depending on the judge’s ruling.
You must call Robert Hickey before the court hearing is held.
Restraining orders can provide a number of protections for the person who requested the order (the protected person) from the person who the order was filed against (the restrained person). Some of those things include:
- Sexual assault
- Contact of any kind – phone, email, in-person
- Disturbing the peace of the protected person
- Acts of violence
Stay Away Orders – the restrained person must stay a certain distance away from the protected person’s:
- Place of work
- Schools of their children
- Places they frequent regularly
- The person themselves
The restrained person must move out of the mutually shared home and take only necessary items until a court hearing is held to determine further action.
If you have been served with a restraining order, it is vital that you retain the services of a criminal defense attorney in Orange County. A criminal defense lawyer will help you to comply with the requests made via the order and, if appropriate, have the order rescinded.
Contact our offices today to discover how we can help protect your rights.
Restraining orders that are placed against you can have a negative impact on your life. They can affect relationships with other family members and if your employer becomes aware, it can directly affect your job and portray you in a bad light to co-workers and bosses. You could find yourself kicked out of your house without access to your belongings, finances and worst of all your children.
If you have been served with a restraining order, then you need to contact an experienced criminal defense lawyer immediately. Robert J. Hickey and his team are Orange County’s Leading Criminal Defense Law Firm. Our offices will provide you with a top-notch, professional defense against restraining orders and any other criminal charges in Orange County you may find yourself facing.
Call your offices today to schedule a consultation with us and let us fight for you.