San Diego family law attorneys to represent you against a domestic violence restraining order
If you have been served with a Temporary Restraining Order (“TRO”), it is important to understand how serious it is. Even more serious is if you violate a TRO. However, you can defend against it under certain circumstances and with the right family law attorney by your side.
A certain type of TRO called a Domestic Violence Restraining Order (“DVRO”) provides legal protection from domestic violence which is obtained and signed by a judge. The desired effect is to have the abuser stop the abuse or face serious legal ramifications. In the case of serious abuse, this remedy is crucial and justified. In certain circumstances, however, this remedy may not be justified and a claimed abuser may be innocent and need legal assistance to defend against this serious type of claim.
Hiring an experienced family law attorney in defending Temporary Restraining Orders will provide you with the best chance of preventing the many negative consequences of it being issued against you.
Effect of a Temporary Restraining Order (“TRO”)
A TRO is commonly issued to protect someone from an abusive person. It in effect orders a person to stay away from certain activities or particular places. If a court finds a TRO necessary, it is likely to be issued the same day. The court will also schedule an Order to Show Cause (“OSC”) hearing approximately 15 to 20 days after issuance to allow for you to defend against it. It is very important to abide by the Temporary Restraining Order until the OSC hearing.
The effect of a TRO on a person can be very severe and can become permanent. Some of these effects include:
- Not being able to go to certain places or to do certain things.
- Losing control of certain property and/or things and the right to transfer them.
- Having to move out of your home.
- Not being able to see your children, go near other relatives or near others that live with you.
- Losing possession, care and control of your family pet.
- Not being able to own a gun or ammunition. If you already own a gun, it will have to be turned in or sold.
- Losing your vehicle
- If the TRO is violated, you may go to jail, pay a fine or both.
The No Contact Restraining Order
A no contact order is a type of TRO and is often issued in separation and divorce cases when one party fears for his or her personal safety or for those around. Issuance can be based upon actual or threatened domestic abuse in family law situations or from actual or threatened violence in other situations.
Effects of the no contact order. A no contact order prohibits a person from coming into contact with the victim. The courts must specifically express the limitations, such as the exact distance the restrained party must stay away. It is common for the court to grant this type of TRO. Below are some of the effects of a no contact order.
- No physical contact
- No contact through phone, email or any other form of communication, except through lawyers.
- No contact with children if the order extends to them.
The CLETS Restraining Order
As a general rule, before granting a CLETS order, a judge first orders a TRO. If a court issues a permanent restraining order (lasting up to 3 years) after the OSC hearing, the order is entered into a statewide computer system called CLETS or “California Law Enforcement Telecommunications System.” This allows all law enforcement officers to have access to the restraining order and to enforce it.
In addition to the TRO, the effects of a CLETS restraining order include:
- Showing up on a background check.
- Becoming part of the public record allowing anyone to see that you have a restraining order against you. This can harm your reputation and prevent you from getting a job or place to live.
- Being in a national database where the CLETS restraining order follows you wherever you go and is enforced in every state.
- Affecting immigration status.
Defending a Temporary Restraining Order
Due to the devastating effects a restraining order can have on your life and freedom, it is essential to have an experienced restraining order attorney by your side to aggressively assert your rights at the OSC hearing. Once you have notice of a TRO, you will have the opportunity at the OSC hearing to tell the judge why it should not be issued and become permanent. Witnesses may be brought and you may cross-examine the person seeking the restraining order by showing that there is no credible threat or future threat to justify a restraining order.