Sonoma, CA Restraining Order Lawyer

Sonoma, CA Restraining Order Attorney

If you are experiencing physical or emotional abuse from a loved one, whether they are a romantic partner or a relative, you may be looking for a way to escape to safety. You deserve to have a safe, peaceful environment for you and your children. If you are pursuing a restraining order, it is suggested that you consult with a Sonoma, CA, restraining order lawyer.

The Purpose of a Restraining Order

Restraining orders, or protective orders, are granted to those who are in need of protection if they are suffering from physical and emotional abuse, a toxic environment that affects their children, or threats of violent acts. It is typically an order against a family member, spouse, partner, or whomever is threatening the victim’s safety.

Kinds of Restraining Orders

There are two kinds of restraining orders that prevent communication between the person needing the restraining order and the person who the order is against. One is a criminal protective order, which does not allow the person any communication or to visit any places near the person that is protected by the order. As it is a criminal protective order, it is generally related to criminal cases. A restraining order, however, is part of a civil case.

These protective orders can last only a certain amount of days or up to several years. In rare cases, they may last for the remainder of an individual’s life.

Domestic Violence Restraining Orders and Civil Harassment Restraining Orders

Domestic violence restraining orders are for the protection of those who have been abused or threatened with harm, usually by a romantic partner. This can include protection from husbands, wives, former spouses, boyfriends, girlfriends, or previous romantic relationships. It can also include close family members, such as fathers, mothers, siblings, or grandparents.

Civil harassment restraining orders are meant to protect individuals against a person who is harassing them and who is not a close family member or a romantic partner. Most often, the person that is harassing the victim is a co-worker or a roommate. This kind of order protects the victim from experiencing further harassment.

How to Get a Restraining Order

The way to obtain any kind of restraining order is very similar. The differences involve the forms necessary, as well as who qualifies for filing a restraining order. In order to start the process in Sonoma, CA, you will need to file for a temporary restraining order, especially if an emergency restraining order has been in place. To file, you will have to go to your local courthouse to complete the right forms.

Once you have done this, you’ll have to wait for the order to be processed and then considered by the judge before approval is made. If the order is approved, you will be given several copies of the order. You must keep the order with you at all times. The temporary restraining order is meant to fill in the gap until you have a hearing for a permanent restraining order.

In preparation for your permanent restraining order hearing, you will have to complete additional forms and any necessary evidence to prove your need for a protective order. This may be a good time to consult with a lawyer to assist you in gathering evidence as well as helping you avoid making any errors.

If You Have a Restraining Order Against You

If you have received a restraining order, you also have rights. The notice of a restraining order must be served to you. If you do not agree with the claims made against you regarding the events that led to the restraining order, you have the right to respond to these claims. It is not permissible for you to ask the judge to dismiss the order, but you can ask for modifications or changes to be made.

After receiving a restraining order, you may experience many life changes. You will likely be kept from communicating with the person being protected by the order. If you wish to fight against these restraining orders, you will want the assistance of a restraining order lawyer.

FAQs

Can You Seal a Restraining Order in California?

It is usually not possible to seal a restraining order in California. This is due to the fact that if a permanent restraining order has been placed against you, then it becomes public knowledge as it goes on your public record. Sealing or expunging a record is only an option for criminal charges. Restraining orders are most often part of civil records.

Does a Restraining Order Lead to Criminal Charges?

Restraining orders may lead to criminal charges, but typically, they are not, as they are civil cases and are not criminal charges. Domestic violence charges, assault charges, and additional criminal charges can be filed along with a restraining order. When this occurs, criminal charges will lead to a criminal record.

Does There Have to Be Proof of Physical Abuse for a Restraining Order to Be Granted?

No, there does not have to be proof of physical abuse for a restraining order to be granted. There must be some kind of proof of threats or other forms of violent acts to have a protective order granted. A domestic violence restraining order can include proof of psychological, emotional, or physical abuse.

How Do You Defend Yourself From False Claims of Domestic Violence in California?

If you have had false claims of domestic violence made against you in California, you have the right to defend yourself. You have other rights as well. In order to defend yourself from these claims, you must attend the permanent restraining order hearing to state your case and your defense. You must provide proper evidence, such as witnesses, text messages, or police reports. Ultimately, the judge will have to consider your evidence to grant the restraining order.

Consult With a Sonoma Restraining Order Lawyer

Experiencing any kind of abuse from someone who claims to love you is damaging to the body and the mind. You may be looking for a safe place but aren’t sure where to turn. Everyone deserves safety for themselves and their children. If you want a restraining order to protect yourself and your children, don’t go through the process alone.  Contact the Carroll Law Office for assistance with your case.