A Marin County Restraining Order Lawyer Discusses Restraining Orders

Many people find themselves subject to a restraining order without understanding why or how it happened. Unfortunately, a restraining order can result in very serious legal and practical consequences. As a result, it is vital that you take action if you find out that someone is seeking a restraining order against you. The best thing you can do to protect yourself is to contact a Marin County restraining order lawyer as soon as possible. 

What Is a Restraining Order?

Sometimes referred to as a “protective order,” restraining orders prohibit you from having contact with the person seeking the order. The order may require you to “stay away” from that person, including having any in-person contact or contact via phone, email, social media, or other means. A “move out” order can require you to leave your home.

A restraining order can be a severe limitation on your personal freedom. If you have received notice that someone is seeking a restraining order against you, you need to contact a Marin County restraining order lawyer immediately. 

How the Restraining Order Process Works in California

The process starts when someone goes to the courthouse and files the paperwork requesting a restraining order. They can have the paperwork completed by an attorney or file it themselves. The person seeking the restraining order must describe the situation that justifies the issuance of a restraining order. The application will then be reviewed by the judge. If the judge believes that there is good cause for the restraining order, they will then issue a temporary restraining order (“TRO”). This phase of the process can happen without your knowledge or involvement, meaning that you can be subject to a TRO with no advance notice. 

Fortunately, the TRO will last only a few weeks. A hearing will be scheduled before a judge to determine whether a permanent restraining order should be entered against you. You will have the opportunity to present evidence and argue why the permanent restraining order should not be entered.

If you have received a TRO, we strongly recommend that you contact a Marin County restraining order lawyer as soon as possible. They will know what evidence you need and how to formulate a compelling argument as to why the TRO should not be made permanent. 

It is important to understand that if you do not take action or do not appear at the hearing, it is very likely that a permanent restraining order will be entered against you.

You May Be Subject to a Restraining Order for Several Years

A restraining order can last for up to five years. Some may be only for a matter of months, but three years is a common duration imposed by the courts. Furthermore, the restraining order can be extended if the other person still feels threatened at the time the order is about to expire.

Restraining Orders and Gun Rights

A restraining order can be an additional restriction on your freedom if you own firearms. More than likely, you will have to sell your guns, store them with the police, or give them to someone else. You will be unable to possess or purchase firearms for the duration of the restraining order. 

A Marin County Restraining Order Lawyer Handling All Types of Restraining Orders

The type of restraining order you are facing can shape what needs to be proved and how you defend yourself. Brownstein Law Group is positioned to handle all types of restraining order cases, including the following: 

• Domestic violence restraining orders
• Civil harassment restraining orders
• Elder or dependent abuse restraining orders
• Workplace violence restraining orders

Unfortunately, the party seeking the restraining order does not need to prove that it is warranted beyond a reasonable doubt as in other criminal matters. Instead, they may only need to prove that it is warranted by a preponderance of the evidence—a much lower standard of proof. 

Restraining Order Violations

Violating a restraining order is a very serious matter and will result in criminal charges. If convicted, you could face the following penalties:

• Up to one year in county jail
• A fine of up to $1,000

If you caused injury to the other person or have prior convictions for violating restraining orders, you could serve between three and 25 years in prison and be ordered to pay fines of up to $10,000. For these reasons, you should immediately contact a Marin County restraining order lawyer if you have been accused of violating a restraining order. 

A Marin County Restraining Order Lawyer Can Help If You Are Facing A Restraining Order 

To speak with an experienced Marin County restraining order lawyer at our firm, call or email us today to schedule a free consultation.