Once issued, a restraining order can greatly impact your life and your relationships. If you are a victim, the purpose of a restraining order is to help to protect you from physical pain or injury, or the threat of pain, injury or abuse. The court can grant you a restraining order to protect you from an abusive or harassing family member, a member of your household or a stalker. You do not need to be married to the person you want restrained. However, you must know where the abusive or harassing person lives or works.

If you are a victim, an Orange County restraining order will provide you with security and peace of mind. If the restrained person violates the order, he/she can be arrested for violating a court order.

While obtaining a restraining order is a civil process, its violation is a criminal matter. Under Penal Code (PC) 273.6, if the violation is charged as a felony and you are the restrained person, you face potential imprisonment of up to 3 years in county jail and a maximum fine of $10,000. If the violation is charged as a misdemeanor, you could be imprisoned for up to 1 year in county jail and fined a maximum of $1,000.

Whether you need to file a restraining order or defend yourself against one, Wallin & Klarich can help you.

The different types of restraining order an individual can file in Orange County

 

• Temporary Restraining Order (TRO): This is a civil restraining order. It is valid for 3 weeks. A TRO is a common in domestic violence cases and victims are often able to extend the order or make it “permanent” for up to 5 years.
• Civil Harassment Restraining Order: This is a civil order used to stop harassment or stalking by a certain individual.
• Criminal Protective Order: A criminal protective order is issued by the criminal judge when the alleged perpetrator is accused of a crime. The criminal court judge will issue a protective order which requires the accused perpetrator to stay away from the victim. If this order is violated, the criminal court judge can remand the accused perpetrator into custody and raise his/her bail.

 

What Wallin & Klarich can do for you if you need to file a restraining order or defend yourself against one?

A specific procedure MUST be followed to obtain a restraining order. If a restraining order is filed against you, you must be officially served. You also have the right to file a response to the allegations made against you and you will be given up to 20 days before the court hearing to do this.

Whether you are a victim or a person against whom a restraining order was filed, you will greatly benefit from having a knowledgeable Wallin & Klarich Orange County Family Law attorney who is well-versed in the intricacies of the restraining order process. A Wallin & Klarich Family Law attorney will represent you during crucial hearings where a restraining order that may greatly change your life may be issued. Your precious liberties may be at stake if a restraining order was filed against you. If you are a victim, your peace of mind is at stake.

Wallin & Klarich has over 30 years of experience successfully representing our clients in restraining order proceedings. We have the skill and experience to help you win your case. Our offices are located in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, West Covina, Victorville, Torrance, and Sherman Oaks. Call us today at (888) 749-7428. We will be there when you call.