Why Fight a Restraining Order?
Restraining orders are relatively easy to obtain in California. The law favors the “injured party” to the extent that whoever becomes identified as the Petitioner has an innate advantage. Despite the theory that the burden of proving the injury falls on the party seeking the restraining order, reality plays out very differently.
Restraining orders occur in several different contexts under California law:
- Civil Harassment Order
- Workplace Violence Restraining Order
- Domestic Violence Restraining Order
- Elder or Dependent Adult Abuse Restraining Order
- Family Law Protective Orders (in connection with family law cases)
- Criminal Protective Orders (in criminal cases)
The first four orders listed above are orders that can be sought by an individual without there being any accompanying litigation other than the restraining order case itself. Family law protective orders can be issued by family law courts in divorce, custody and separation cases. Criminal protective orders are issued against defendants in criminal cases. While they differ in form, all the above orders share certain characteristics:
- You cannot own, use or possess any firearms while you are subject to the order
- You can be criminally prosecuted for violating the order if the protected party claims you did so
- These orders are all filed with the police department
The orders can include
- Personal conduct order
- Stay-away orders
- Residence exclusion (“kick-out” or “stay-out” orders) [Available only in domestic violence, elder abuse, family law and criminal cases]
Generally, restraining orders are issued for three years. If you choose not to fight a restraining order, then for the three years it is in effect you cannot have any guns, must stay away a prescribed distance from the protected person and risk the possibility of being criminally charged if the protected person voices a complaint, whether true or not.
Wegman & Levin is experienced in defending people in all types of restraining order proceedings. In family law cases, Wegman & Levin works hand-in-hand with your family law lawyer to oppose the issuance of such orders. In criminal cases, it is the responsibility of the defense team to provide this representation. In the first four type of civil restraining order proceedings, Wegman & Levin can be your shield from the imposition of unwarranted and undesirable consequences associated with restraining orders.
Call Wegman & Levin today at (818) 980-4000 to help you defend against an unwarranted restraining order. Initial consultations are always FREE.