Temporary Restraining Order

The court can issue a temporary restraining order to prevent the recurrence of abuse, including domestic violence. This order also offers sufficient time for people involved to resolve the issues causing violence. For example, the judge can issue this type of order against you if he/she believes you are a danger to your partner or another person. If the court issues a temporary restraining order against you, you must comply with the terms and conditions. Failing to adhere to the terms and conditions of the order can attract charges.

You should consult a restraining order attorney for further advice when you receive a restraining order notice. At the Pasadena Criminal Attorney, we have committed attorneys who can offer you legal guidance and secure the best possible outcome for your case.

Understanding A Temporary Restraining Order

Sometimes, you can be confused by a temporary restraining order, especially if you do not know what is expected of you, making you fail to follow its requirements. A person facing a restraining order often feels that whoever secured the order was unfair. Some even decide to reach out to the protected person and ask why the person obtained a restraining order against them. Attempting to contact the protected person may escalate the situation and violate the order.

The court can issue a temporary restraining order as a stopgap measure that lasts for 21 days, until a ruling on the permanent restraining order is made. A temporary order legally has the same impact and holds the same force as a permanent restraining order. The only difference is that it is valid for a short period.

Restraining orders are often issued in circumstances like stalking, abuse, or harassment in various ways, including:

• From a former or current intimate partner or relative

• Caregiver

• Co-worker

• Neighbor

The order will require you to stay a certain distance from the protected and refrain from calling him/her. You will face criminal charges if you fail to adhere to the restraining order.

Your child can also pursue a temporary restraining order against you, even if the child is below 18 years. Someone else can also seek a temporary domestic violence restraining order on behalf of your child.

An individual you are related to within the second degree of affinity or consanguinity can also seek a temporary order against you. This person can be:

• Your daughter-in-law

• Brother-in-law

• Son-in-law

• Grandchild-in-law or grandchild

• Stepparent

• Grandparent-in-law or grandparent

• Sister or sister-in-law

• Legally adopted child or stepchild

• Father or father-in-law

• Mother or mother-in-law

The in-law must be through a current marriage. The person seeking a restraining order against you can also request that the order protect other family or household members against you.

Types Of Restraining Orders For Which A Temporary Order Is A Sub-Step

The following are restraining orders you can face in California:

Domestic Violence Temporary Restraining Order

Intimate partners can file domestic violence temporary restraining orders. You can be expected to do the following once the judge issues this order against you:

Enroll in anger management classes

The court can order you to attend parenting classes if children were involved in the case leading to the domestic violence temporary order. These classes will be mandatory if the court feels it appropriate for you.

Giving The Victim Temporary Child Custody And Visitation

The judge can decide where the children will stay and how they will spend time with either parent. This can include where, when, and whether that time will be supervised. The court will also decide who will make important decisions that affect the children. Any visitation, custody, and support order that is made within a domestic violence protective order will be in place even after the restraining order period.

You will also be expected to do the following:

• Give anything to the victim that he/she requests and the court agrees to

• Transferring a shared mobile phone account to the victim’s name alone. In this case, the victim will maintain his/her existing wireless phone number and the numbers of any child in his/her care.

• Enrolling for a batterer’s treatment program or any other counseling programs

• Pay the victim’s attorney fees if he/she cannot pay them, and you will earn much more than the victim.

• Paying back the money the victim lost for not going to work or any other costs like legal, dental, medical, shelter, or counseling fees that resulted from the abuse.

• Granting the victim temporary possession or ownership of items you own jointly. This can include a second home, a car, and a computer. The judge can also order you to pay the ongoing debts associated with those things.

• The court can order you to pay child support and alimony if you are married.

• Leaving the residence you shared with the victim, even if you own the home or are a tenant.

• Grant the victim the exclusive care, control, or possession of any animals you, the victim, or your child owns. The court can also order you to keep your distance and not hurt the animal.

• Avoid making direct or indirect contact on the phone or through other means.

• Avoid all contact, including threats, following, assault, harassment, stalking, property damage, or disrupting their peace.

Elder Abuse Temporary Restraining Order

A person aged 60 years or above or a disabled adult can file a temporary elder abuse restraining order against you. Elder abuse is covered under the WIC and can include:

• Physical abuse

• Abandonment

• Abduction

• Isolation

• Financial abuse

• Neglect, or

• Other treatments with resulting bodily harm or pain, or emotional/mental suffering

Someone else can also file an elder abuse temporary restraining order on behalf of the elderly. This can be a trustee or conservator of the elder or dependent adult. Other people allowed to file the order include:

• A person appointed as guardian ad litem for the elderly

• An attorney-in-fact of an elderly, or

• Another person legally authorized to pursue such relief

You can face serious criminal charges if you are accused of elder abuse. The court can also impose a temporary restraining order if you are considered guilty. This order will be forwarded to the local police department. The police will then input the order into the California Law Enforcement Telecommunications System (CLETS).

Featuring in an elderly abuse restraining order can have severe ramifications, such as:

• Negatively affecting your chances of securing a job

• Being unable to keep your job

• Being unable to pass background checks or security clearances

You should consult a criminal defense attorney if you are served with an elderly abuse temporary restraining order. An attorney will help you develop a defense strategy that will prevent adverse decisions from being made against you.

Apart from domestic violence and elder abuse, temporary restraining orders, other orders can include:

• School violence restraining orders that school officials can seek if there is a danger of violence against students in the university or at a private college.

• Workplace violence restraining order that employers can seek to protect their workers from a person who has harassed, stalked, been violent, or threatened violence at the place of work.

• A gun violence order that cops or family members can file if an unstable person has a gun and risks injuring themselves or others. In this case, the judge can order the gun to be taken from the accused.

• A civil harassment order can be filed by an individual against a coworker, neighbor, stranger, roommate, or any person who is not a romantic partner or close family member.

The Temporary Restraining Order Hearing

The court will schedule a temporary restraining order hearing once a victim files a request. An urgent hearing will be held to evaluate the victim’s paperwork. The relevant documents will be reviewed, and the judge will decide on the immediate protection measures. The judge will review the reasons a victim presents and decide whether to grant a temporary order to ensure immediate safety.

A temporary restraining order will be effective until the full hearing if the judge grants the order. This order aims to offer protection to the victim until a thorough assessment is done.

After the temporary restraining order, the court will conduct a final hearing. This is a detailed hearing where you and your accuser present your cases to establish if a permanent restraining order is necessary. You, the victim, or your attorneys, must attend the final restraining order in person. The court expects evidence from both of you, witness testimonies, and your side of the story.

The judge will make a ruling based on your evidence and testimonies and decide whether to issue a permanent restraining order. A permanent restraining order will take longer if granted, offering protection for up to five years..

The Process of Filing A Temporary Restraining Order

The victim can file a temporary restraining order against you through the following procedure:

1. Gathering Evidence

The victim must first gather the evidence to support the allegations against you. Some of the proof of a domestic violence allegation includes:

• A pending criminal case —The judge can impose an order on you if you have an ongoing criminal case.

• Photos of violence, damage, or injuries

• Printouts of messages, transcripts of voicemail, or emails sent to the victim

• 911 calls

• Medical records

• Police reports, and

• testimony

2. Securing A Copy Of Court Forms

The victim can file a temporary order against you by filling out and submitting a particular set of official court forms. The forms have questions to help the court understand you and the victim’s situation. A victim can access the complete documents at the court’s website. Most courts use modified versions of the forms, which the victim must use. Some courts also provide victims with a free self-help center where they can fill out the forms. Alternatively, the victim can utilize a free website like LegalAtoms to prepare the paperwork for the online restraining order. Victims have special protections even if their immigration status is not documented in the United States.

3. Filing The Court Forms

Filing is when the victim submits the case documents to the court. This is where the victim presents the case documents to the court, and the clerk checks them. The court clerk will do this to ensure the documents are complete and correct. He/she will then enter them into the court database. At this point, the victim will have filed a case officially.

The victim should file the forms in the county where they live or where the abuse occurred. However, the filing venue is a defensive motion, and the judge can only consider it if you object by filing a notice motion for change of venue. The victim can file the forms at the Superior Court in the county where they reside. He/she can file electronically through a portal, in person, or through someone else.

4. Securing A Temporary Restraining Order

The judge can issue a temporary restraining order against you depending on the facts and evidence the victim presents. A temporary restraining order is often issued in a few days and under relatively less risky circumstances. Sometimes, this order can be valid for only three weeks until the hearing.

The victim’s application can be rejected if there are no grounds, the jurisdiction is incorrect, or the application is incomplete. The victim can renew the temporary order if the hearing is delayed.

5. Serving You With A Copy Of The Order

This step is only necessary if the victim secured a temporary restraining order against you. Under the law, the victim should inform or serve the abuser formally with a copy of the restraining order. The victim can serve you with a copy in the following ways:

• Hiring a courier for legal papers

• Using a friend, relative, or any adult

• Using a sheriff or marshal

6. Tabling The Evidence During The Hearing

The hearing will happen in a few weeks, where the victim’s evidence will be examined. If the victim provides sufficient evidence, the judge will issue a permanent restraining order against you. At this point, it will be an offense for you to break the conditions of the restraining order.

7. Collecting The Permanent Restraining Order

The court will issue a permanent restraining order after the hearing. This order is often valid for a period that does not exceed five years.

Mutual Restraining Orders And False Allegations

A temporary restraining order is a vital tool for protection from harm, but false allegations can arise. You have a right under the law to respond and defend yourself against the allegations if you face what you believe are false allegations. Sometimes, the harassment or abuse can be two-sided or mutual. In this case, the judge can issue mutual restraining orders. This puts protections and behavior restrictions on you and the alleged victim. However, the judge can only issue a mutual temporary restraining order if he/she establishes that you and the victim have been a victim and perpetrator.

Courts often understand the degree of imposing restrictive court orders, which can interfere with personal freedom. Temporary restraining orders require convincing evidence of abuse, stalking, threats, and harassment before being granted. Frivolous or false requests are not admissible in court. Judges often try to balance the safety, rights, and well-being of the partners involved.

The Police And A Temporary Restraining Order

A copy of the order will be filed with local law enforcement, who are then responsible for enforcing it. It will involve giving the copies of the order to the police departments near his/her home, school, or workplace. This will help the police be aware and prepared to respond well. The victim can call the police if they violate the conditions of the order. If you fail to comply with the conditions of the order, law enforcement can respond by:

• Warning you regarding the temporary restraining order

• Arrest you if you persist in violating the restraining order or commit a serious offense

• Report to the office of the district attorney

• Request the court to enhance your punishment if you are a repeat offender

Sometimes, the police do the following once the court has imposed a restraining order on you:

• Assist the victim in removing your belongings if you shared a home

• Enhance patrols where the victim stays to stop you from visiting

• Provide escorts to the victim to certain places

Penalties For Violating A Temporary Restraining Order

You can face misdemeanor criminal charges if you violate a temporary restraining order in California. The punishment you can face for this offense can include:

• A jail term that does not exceed one year in a county jail

• A fine that does not exceed $1000

Sometimes, the judge can also charge a violation of a temporary order as a wobbler. You could face wobbler charges if it is your second conviction for violating this order and your violation involved violent acts. In this case, you can face misdemeanor or felony charges. You will face the following penalties if you are convicted of a felony:

• A jail term that does not exceed three years in a state prison

• A fine that does not exceed $10,000

Your immigration status will not be affected if you are an immigrant convicted of violating a temporary restraining order. Sometimes, you might be deported or be inadmissible in the U.S if you are convicted of an aggravated felony. In some instances, violating a temporary restraining order can have adverse immigration consequences.

You can also petition the court to have your record of violating a temporary order expunged. This can only happen if you complete your jail term and probation. However, this will depend on the sentence you are serving.

The Effect Of A Temporary Domestic Violence Order On Your Gun Rights

Once the court imposes a temporary domestic violence order on you and you own a gun, you must sell it or keep it with the police. The court can also stop you from buying other firearms for the period during which this order will be effective. You can be barred from owning or possessing a gun completely if you are guilty of violating the terms of a domestic violence order. Unfortunately, you are not allowed to possess or own a firearm if you are convicted of a felony.

Defenses To A Violation Of Temporary Order Charges

The court will allow you to defend yourself if the prosecutor accuses you of violating the terms of a temporary restraining order. With the help of your attorney, you can use the following defenses:

There Is No Sufficient Evidence

The prosecutor must provide sufficient evidence showing that you violated the conditions of a temporary restraining order. However, an experienced criminal defense attorney can cast doubt on your charges by showing that the prosecutor’s evidence is not enough or reliable.

You Were Not Served Well With The Order

There are strict rules on how a restraining order should be served. You will not face charges if your attorney convinces the judge that the required regulations to serve you with a temporary order were not followed.

You Did Not Intend To Violate The Order

Sometimes, you can violate the order accidentally or because of mental deficiency. This can also happen because of a misunderstanding. The judge can drop the charges against you if your attorney convinces the court that you did not intend to violate the temporary order.

Find A Criminal Defense Attorney Near Me

A temporary restraining order protects the victim from immediate danger of harm or abuse by the alleged perpetrator. It protects for several weeks until the hearing of the restraining order, when a permanent restraining order takes effect. A temporary restraining order can affect you in many ways since it requires you to distance yourself from the victim. You should contact an attorney immediately if you receive a notice of a temporary restraining order. An attorney can help you file a defense against the allegations against you.

You will need an attorney to represent you at the restraining order hearing to do everything possible to prevent the order from being converted into a permanent restraining order. The Pasadena Criminal Attorney has skilled attorneys who can offer aggressive legal representation to secure a favorable outcome for your case. Contact us at 626-689-2277 to speak to one of our attorneys.