Civil & Domestic Restraining Orders
If you or someone that you know has been served with a civil or domestic restraining order it can often be an embarrassing and confusing experience. These court orders can come as a surprise, and most people do not know what the next steps should be. The experienced restraining order attorneys at Russell J. Clanton and Associates can provide you with the best legal defense against unnecessary restraining orders.
Civil & Domestic Restraining Orders
A civil harassment restraining order is defined in the California Code of Civil Procedure. It is filed by a person who has no familial relationship with the other party. This can include a co-worker, neighbor, or complete stranger. The person filing the civil harassment restraining order against you must show by clear and convincing evidence to the court that he is the victim of a threat of violence, stalking, been injured physically by you, or has endured a pattern of harassment by you that shows no legitimate purpose.
A domestic restraining order can be filed by a person who is claiming abuse from someone with whom they have a close relationship. This can include boyfriends, girlfriends, ex-boyfriends or ex-girlfriends, spouses or ex-spouses, parents, children, siblings, grandparents, grandchildren, or co-habitants. The California Family Code and California Penal Code have various statutes that allow for the filing of a domestic restraining order. The person filing the domestic restraining order against you must show by a preponderance of the evidence that you have a close relationship and that you have physically hurt them, attempted to physically hurt them, committed sexual assault, made threats against them, harassed, or stalked them.
What to Do if You’ve Been Served with a Restraining Order
If you have been served with a civil or domestic restraining order, do not contact the person who issued it against you. Sometimes the person who filed the order feels guilty or might even be trying to trap you by initiating contact, and the best thing to do is to deny all attempts made by that person. Violating the restraining order, even if it was filed falsely or illegally obtained, can result in serious penalties against you, and you can be charged with a crime. The best option is to immediately contact a restraining order defense attorney who knows how to protect your rights and can present the best defense for you in court.
What are the Punishments for Violating a Restraining Order?
If the court issues a civil restraining order it can last up to three years and can be renewed. It can also limit where you are allowed to be, including your home or workplace. A domestic order often has a minimum of three years and can last up to 10 years. If children are involved the court may strip you of your joint custody and make you pay more in spousal or child support. Often a person files a restraining order because of resentment, jealousy, anger, or to win a court battle. The best way to combat an illegitimate restraining order is to have an experienced restraining order defense attorney at your side. An attorney knows the best legal options for you and can protect your rights against an unnecessary civil or domestic restraining order.
Restraining Order Defense Attorneys Can Help
Being served with a restraining order can affect your personal life, employment, and child custody. If you or someone you know has been wrongfully served with a civil or domestic restraining order, contact the office of Russell J. Clanton and Associates. Call us today at 707.825.6587 to schedule a free and confidential consultation of your case.