Have you been served with a restraining order in San Diego because of a domestic violence, elder abuse, civil harassment or workplace violence incident? At the Law Office of Joni Eisenstein, we understand that being served a restraining order can be stressful and confusing. There are a number of different types of restraining orders and all have their own provisions, making the matter all the more complicated.
When you have been served with a restraining order, it is in your best interest to contact a San Diego criminal defense attorney to help you defend against the order and get the best results possible for your case. Attorney Joni Eisenstein has helped clients across the San Diego area prepare strong defenses against a restraining order or an accusation of a restraining order violation.
Learn more about restraining orders below and then contact attorney Joni Eisenstein for a free consultation today at 760-721-3161.
Schedule your free consultation today. Contact Criminal Defense Lawyer Joni Eisenstein.
What is a restraining order?
Also known as a protective order, a restraining order is a court mandate that is meant to protect a person or people from harassment or abuse by another person. For example, if a restraining order has been served on you, you will be mandated to avoid contact with the other person. Each type of restraining order has its own provisions; however, most stipulate that you may not contact the individual; that you must stay a certain distance away from the individual; and, that you may not contact them by phone, email, text or social media.
If you violate the order, you can face serious consequences as described in Penal Code § [Section] 273.6(a). Depending on your specific case and criminal history, a protective order violation can be charged as a misdemeanor or a felony offense. Punishments can include fines, payments, jail time and the inability to possess firearms.
What are the types of restraining orders?
In the state of California, there are four types of restraining orders, each with their own provisions. It is important to consult with an attorney right away after you have been served with a protective order so you can understand the provisions and know your rights.
The four types of restraining orders in California include:
Domestic Violence Restraining Orders: Domestic violence protective orders can be filed against an individual by someone who is a current or former married or domestic partner or significant other; do or did live together; or, have children together.
Civil Harassment Restraining Orders: Civil harassment protective orders shelter people against being stalked, assaulted and abused. These orders can also be granted to a person who feels a reasonable fear of harm, harassment or abuse. Typically, civil harassment restraining orders are requested by neighbors, roommates or other non-intimate relationships.
Elder or Dependent Adult Restraining Orders: Elder or adult dependent abuse protective orders can be granted to people over the age of 65 or those between the ages of 18 and 65 who have a physical or mental disability, and who have been the victim of neglect, physical and financial abuse, isolation or abandonment.
Workplace Violence Restraining Orders: Workplace violence protective orders can be granted to an employer who seeks to protect employees from harassment, contact or abuse by another person or group.
What should you do if a restraining order is served against you?
If you have been served with a restraining order, you do not want to ignore it. Violating a protective order can bring serious and costly consequences, including time in jail. A smart first step is to hire a reputable and experienced defense attorney who can guide you through the process.
An experienced San Diego criminal defense attorney will help you understand the details of the protective order so you do not run the risk of committing a violation. Your attorney will look into your case to identify valid and strong defenses and fight hard on your behalf. A hearing may be scheduled soon after the order is issued, so do not wait to secure a defense attorney.
Unfortunately, a protective order is often just the beginning of your legal troubles. Hiring the right attorney from the beginning can save you time, money and your freedom. If you are facing serious domestic violence, elder abuse or civil harassment charges that have resulted in a restraining order, contact the Law Office of Joni Eisenstein today. She will personally handle your case and get you the justice you deserve.
If you are on the fence about hiring a defense attorney, stop thinking about it, and do it now
Hiring a criminal defense attorney like Joni Eisenstein can help you go from a place of uncertainty to freedom.