What are the different types of restraining orders?
Restraining orders are issued to protect an alleged victim after a threat of a domestic violence disturbance. The state of California recognizes a number of restraining orders and two separate court systems can actually file restraining orders depending on specific circumstances. If a domestic violence took place, the alleged victim may be granted a civil law domestic violence restraining order. This does not mean that you are going to jail, but it does mean that you are not allowed to be within a certain distance of the alleged victim or have communications with them without seeking an attorney’s aid first.
There are times when the criminal courts will issue restraining orders if you have been accused of a crime such as harassment, theft or a violent crime. The prosecuting attorney is actually the one who makes the decision whether or not your court case will continue even if your charges have been dropped. If you have been issued a restraining order, it is because the alleged victim wants you to keep a distance and at some point has felt threatened by you or your actions. In today’s world, restraining orders are not always accurate and you may have been issued a false restraining order. There is hope though; you can fight a restraining order that has been issued to you with the guidance of an experienced San Jose restraining orders attorney.
Fight Your Restraining Order
Restraining orders are just that- restraining. They limit where you can go, who you can talk to and if there are children involved, you may even lose your some of your parental rights. The disheartening fact is that a lot of restraining orders are issued because an ex-spouse or significant other is looking to victimize themselves and gain an upper hand in a court proceeding or custody battle. There is no reason to lose hope though; you can fight your restraining order. After you have been falsely accused, you can respond to the restraining order prior to your hearing. Responding will allow you to speak your truth and help the prosecuting attorney and judges understand that these accusations are false. It is imperative that you contact a San Jose restraining orders lawyer as soon as you are issued an order so that you can be sure to fight your charges aggressively. Contact my firm today if you have been issued a restraining order.