How to Handle a California Restraining Order

man getting arrested

Restraining orders are meant to protect victims of a crime. However, it is not uncommon for individuals to use restraining orders as leverage during intense domestic or business situations.

If you have had a restraining order filed against you in Oceanside, it can have challenging consequences that may impact your life and work. Whether you think the restraining order is valid or not, a violation is considered a misdemeanor crime under California law. A conviction can come with fines of up to $1,000 and jail time of up to one year.

Secure an experienced Oceanside restraining order attorney to help you better understand the law and ensure that your rights are protected. Contact the Law Office of Joni Eisenstein today for your free consultation at 760-721-3161. 

What is a Restraining Order? 

Restraining orders are sometimes called protective orders. They are meant to prevent contact between a protected person (the victim) and the restrained person (the alleged perpetrator). A restraining order is intended to protect the victim against further harassment, stalking, domestic violence or physical threats. The victim must show that they are in impending danger or that there is a reasonable fear based on the behavior of the alleged abuser. 

Types of Restraining Orders 

There are various types of restraining orders. Depending on the situation, a court may also stipulate various terms to aid in the protection of the victim. Protective orders can be issued for situations such as domestic violence, elder abuse, civil harassment and workplace violence.

Protective orders can fall under different categories based on the case. 

Personal conduct orders: Restrained person must cease certain harassing activities, such as text messages, phone calls, destruction of property or other threatening behavior

Stay away orders: Restrained person must remain a certain distance away from the protected person 

Resident exclusion: Restrained person must leave home of protected person 

Restraining orders can be issued for different lengths of time, from several days up to 5 years. 

Emergency restraining orders: Typically last up to 7 calendar days and can be issued by law enforcement when they determine that an individual is in imminent danger. 

Temporary restraining orders: Commonly issued to protect a victim until an impending court date, they can last up to several months. 

Permanent restraining orders: Protective orders that can last for up to 5 years and are issued in cases where the judge deems the protected person to be in danger for an extended period of time. 

The type of restraining order and the length of the order will depend on the facts of the case. If a restraining order has been filed against you, it is in your best interest to work with a protective order defense attorney from the outset. 

What happens if you violate a California restraining order? 

It is not uncommon for restrained persons to ignore a protective order or fail to take it seriously. This is a mistake. A violation of a court order is a misdemeanor offense that can result in fines and jail time. 

Not only that, there are other consequences that will impact your freedom that many people are not aware of. For example, a violation of a protective order can be made a part of your public record and can impact your ability to get a job or rent an apartment. 

In cases of domestic violence, a violation can also lead to counseling or anger management classes. If your case involves children, a breach of a protective order can have a significant impact on your chances of getting the visitation or custody outcome you want. 

Oceanside Restraining Order Attorney 

Oceanside criminal defense attorney Joni Eisenstein has been helping clients navigate their restraining order matters for over 25 years. She knows that dealing with a protective order, especially those that have been issued falsely or without cause, can be frustrating and stressful. 

If you have been accused of violating a restraining order, you need an experienced lawyer who understands the laws around protective orders. Oceanside attorney Joni Eisenstein can guide you through the process. She can give you peace of mind and ensure that your legal rights are protected from start to finish. 

Do you need help from an reputable and talented restraining order attorney in Oceanside or San Diego? Do not wait. Contact the Law Office of Joni Eisenstein today to schedule your free consultation and to learn how our attorney can fight for your rights.