Family dynamics are naturally complex. Every close relationship encounters obstacles from time to time, and emotional outbursts can lead to rash decisions made in the heat of the moment. While incidents of domestic violence do happen to some people, exaggerated accusations or allegations of domestic violence made in bad faith can upend someone’s life. You and your current partner may have had a contentious argument, but that doesn’t automatically mean that you should face domestic violence charges. In recent decades, California has implemented some of the most aggressive legal protections for victims of domestic violence. Unfortunately, this means that law enforcement takes all allegations of domestic abuse seriously, even if the accuser is acting untruthfully. If you have been named as the respondent in a domestic violence restraining order, your first instinct may be to contact the accuser to clear things up. However, contacting the alleged victim may only make things worse for you. Instead, contact a skilled and experienced Los Angeles County criminal defense lawyer to discuss the specifics of your situation. Your attorney will help you understand what a restraining order is and what steps you need to take (and the actions you must avoid) to keep your future as bright as possible.
How Domestic Violence Restraining Orders Work in California
First, it’s helpful to understand what a domestic violence restraining order is and what it does. Restraining orders, also called protection orders, aim to shield vulnerable parties (like victims of domestic abuse) from perpetrators by prohibiting the respondent from contacting them in various ways for a specified period of time. This can vary from a “peaceful contact” order to a complete stay away, including from their work, car, etc. A domestic violence restraining order can be granted against a spouse, ex-spouse, dating partner, current or former intimate partner, or relative (i.e., child, parent, sibling, grandparent, or in-law). Emergency protection orders are issued in extreme situations where the petitioner is in immediate danger of harm. These types of protection orders last up to 7 days. Someone who wants legal protection for longer must complete and file the required court forms and provide details about the abusive behavior they were subjected to. Once that person has filed the petition, the court will review the documents and determine whether to put a temporary restrainig order (TRO) in place immediately or to wait until a court hears from both sides at a hearing. If a TRO is issued, the court hearing will be set within 21 days of its issuance.
Understanding the Terms of a Restraining Order
Learning that someone has taken out a restraining order against you can be confusing and disorienting. Many people react by wanting to contact the person who sought the restraining order in the first place to discuss the issue and understand why such a drastic action was taken. Unfortunately, attempting to contact the petitioner in any way (i.e., calling them, showing up at their house, emailing them, or seeking them out on social media) may violate the terms of the restraining order. The best thing you can do is to read and obey the terms listed on the restraining order and contact a knowledgeable Los Angeles County criminal defense lawyer to discuss your situation. Even if you think the protections the person is seeking are unjust and unreasonable (like limiting your contact with your child), trust that your attorney will seek the most appropriate and strategic path forward to help you cope with this unforeseen challenge.
Preparing For a Restraining Order Hearing
While it may be frustrating to have no contact with the person accusing you of domestic violence, you can channel your energy into preparing for the upcoming court appearance. You have the right to appear before the judge to respond to the restraining order and share your side of the story. It’s essential to take this opportunity seriously, as it is your best chance of pushing back against these allegations. Your attorney can help you prepare for this appearance in several ways. First, they can help you gather any compelling evidence to support your case. For instance, if the accuser is claiming that you subjected them to an act of domestic abuse on a particular date and at a specific time, you can use texts, location data from your phone, or eyewitness testimony to show that you were not present at the scene of this alleged incident. You can work with your attorney to rehearse your testimony to ensure that you can communicate your message clearly and confidently when the time comes.
Recognizing the Consequences of Violating a Restraining Order
If the judge grants the petitioner’s request for a restraining order, it’s imperative that you understand the potential consequences of violating the terms of this order. Once you are subject to any sort of TRO or permanent restraining order, you may not own, use or possess any firearms, ammunition or ammunition feeding devices. Violations of domestic violence restraining orders are punishable under Penal Code sec. 273.6 by a fine of up to $1,000, imprisonment in a county jail for up to one year, or both. More serious violations that cause physical injury carry more substantial penalties, such as a fine of up to $10,000 or imprisonment in state prison for up to three years. If you are a parent, your custodial and visitation rights may be limited or suspended once the restraining order takes effect. The terms of the restraining order may also compel you to move out of your shared residence, complete mandatory counseling, or comply with other requirements. As hopeless as things may seem at the moment, you always have the option to discuss your options with a dedicated and skilled criminal defense lawyer. Sometimes, just knowing that you have a caring legal advocate in your corner can give you the reassurance and confidence you need to focus on the future.
If someone accuses you of domestic violence or takes out a restraining order against you, it’s essential to contact a trusted and experienced Los Angeles County criminal defense attorney to understand your rights. Call Wegman & Levin today at (818) 980-4000 to schedule a free consultation with a skilled attorney who will work hard to defend your legal rights at every turn.
