Santa Rosa Restraining Order Lawyer

SANTA ROSA RESTRAINING ORDER ATTORNEY

Restraining orders in Santa Rosa, CA place limitations on persons accused of abusive behaviors. An individual who has been a victim of stalking, abuse, or violence can file a restraining order against the person committing these actions.

An order may require the restraining person to stay away from certain locations, give up firearms, and end abusive behavior. If the restrained party violates the terms of a restraining order, they can face criminal penalties.

If someone you live with or someone you know is threatening you or abusing you, you can file a restraining order against them. This is rarely easy, unfortunately. At the Carroll Law Office, we want to help you file a restraining order and keep you and your family protected.

What Can a Restraining Order Do?

The parameters and limitations of restraining or protective orders depend on the unique situation of the case. This may include ordering the offender to:

• Not contact the victim, including text, emails, and phone calls
• Stay a set distance from the victim
• Move out of a shared home
• Stay away from set locations such as the victim’s home, work, or school
• Not harass, threaten, or harm the victim
• Give up firearms
• Pay temporary spousal support or child support

These limitations can cover the victim and others listed on the protective order. A restraining order may protect the individual, their children, their other family, and even their pets.

Criminal Vs. Civil Restraining Orders

Most restraining or protective orders are filed through civil court. Civil restraining orders are filed by the victim through civil court.

Criminal protective orders are part of a criminal case. Rather than being requested by the victim, they are requested by the criminal prosecutors on behalf of the victim, usually as part of a domestic violence criminal case. Criminal protective orders often include no-contact orders. They often last the duration of the criminal case, until sentencing, release, or completion of probation.

Levels of Restraining Orders

The length of time an order is effective depends on the type of restraining or protective order. Under California law, the levels of restraining orders are:

• Emergency Protective Order (EPO)
  EPOs are provided by police officers and are available 24/7. These orders are often provided if the law enforcement officer arrives at a domestic violence scene and believes the victim is still in immediate and present danger. These orders last between 5 and 7 days, which allows the victim time to file for a temporary protective order.
• Temporary Restraining Order (TRO)
  If you have been a victim of abusive behavior, you can file for a permanent restraining order. When you do, you can also request a TRO. This can provide you protection from the day you file for a restraining order until the court hearing or several weeks. If you request a TRO, you can present your case to a judge the same day. They will determine if you are in serious danger prior to the hearing and decide if they will grant a TRO. Even if you do not receive a TRO, you will still have a hearing where you could receive a permanent restraining order.
• Permanent Restraining Order
  Whether or not you have a TRO, your hearing for a permanent restraining order remains the same. Both you and the person you are filing against will appear for the hearing and argue why there should or should not be a restraining order granted. If the judge grants a permanent restraining order, it may last anywhere from 3 to 5 years.If you don’t show up to the hearing, the case will be dismissed. If the person you are filing against does not show up, the judge may reschedule the hearing. If the hearing commences, you will still have to present a clear argument and evidence demonstrating your need for a protective order. It is more likely the judge will grant it to you as no one will be arguing against you.

FAQs About Santa Rosa, CA Restraining Orders

Do You Need a Lawyer for a Restraining Order in California?

You are not required to hire an attorney to file for a restraining order in California. However, it makes the process much easier. Your attorney can ensure you’ve done the process correctly and work with you to gather important evidence to argue your case. During a permanent restraining order hearing, your attorney can present your side of things. Without an attorney, you’ll have to present this yourself and will be unable to step out if it is overwhelming.

Why Would a Judge Deny a Restraining Order in California?

A judge may deny a petition for a restraining order if they determine that there is insufficient evidence to grant it. When you file for a restraining order, you have to show either clear and convincing evidence for a civil harassment order or a preponderance of evidence for a domestic violence order. If the judge does not feel that the evidence proves the need for a protective order, they will not grant one. If the petitioner does not attend the hearing for the permanent restraining order, the judge will dismiss the case.

Does a Restraining Order Have to be Served in Person in California?

When you file a permanent restraining order against someone or have one granted to you, that person must be served the papers. This can’t be done by you but must be done by a third party over the age of 18. This may be a friend, relative, process server, law enforcement officer, or other professional. In some cases, the court will allow you to serve the papers by mail.

Where Do I File a Restraining Order in Santa Rosa, CA?

You can file for a permanent or temporary restraining order online or in court in California. What form you file will depend on whether you are requesting a civil harassment restraining order, domestic violence restraining order, or an elder or dependent adult restraining order. An attorney can help you file and ensure the necessary information is included.

Protecting Yourself With a Restraining Order in Santa Rosa

No one should have to suffer from abusive or threatening acts. If you are suffering from these actions and feel overwhelmed about what to do, contact the Carroll Law Office. We want to protect you and your family’s safety and well-being. Our attorneys will work to get you the legal protection you need.