San Diego Restraining Orders and What You Need to Know

In San Diego County, restraining orders, also known as protective orders, in most cases are in place to provide relief to victims during domestic or business conflicts. These legal orders clearly define the limitations of contact between two parties. When a case goes to trial, restraining orders and how well they are followed may be submitted as evidence. When served a restraining order, it is crucial to adhere to the guidelines laid out in the protective order. However, a protective order may sometimes be requested and issued for the wrong reasons or based on incorrect information. If you or someone you know needs legal help to navigate a restraining order or requires one for their protection, please get in touch with a reputable criminal defense attorney immediately.

Different Restraining Orders

In San Diego County, there are three main types of restraining orders. Although every case is unique, most orders fall into one of these three categories but may come with additional terms. Those with a restraining order against them should be clear on the specific terms, which can be done by asking an attorney for help. It is vital to adhere to the order's details so it is not violated because this can result in arrest, fines, and jail time. The process can be more complicated when facing multiple restraining orders, and having a professional walk you through it is essential.

Personal Conduct Restraining Orders

In personal conduct restraining orders, any harassing activities must discontinue immediately upon receipt of the order. Any type of harassment, including damaging property, posting false or slanderous information on social media, making contact, or other threatening behaviors, violates a personal conduct restraining order. As technology becomes more sophisticated, knowing precisely what the courts consider a violation is critical. Only working with a professional defense lawyer offers the training and experience necessary to bring peace of mind to those facing restraining orders.

Stay Away Orders Focus on Distance Between Parties

Stay-away orders are the most common restraining order in San Diego County. The stay-away order focuses on a specific distance maintained between the person named in the order and the person protected. In many domestic violence cases, a stay-away order is in place to protect the victim from repercussions. Usually, the terms include a number of feet and, when violated, can have devastating results for the person named in the restraining order.

Resident Exclusion Restraining Orders

Like other orders, the terms of a resident exclusion order set terms aimed at protecting the victim. These orders mandate that the named person vacate and leave the protected person's home immediately. Re-entering will be a violation. In some emergencies, a criminal defense attorney may be able to show the courts that it was necessary to enter the home. An example will be if there is a resident exclusion order between two parents, but the parent named in the order arrives to pick up a child and fears they are in danger in the home.

When a Restraining Order is Unfounded

There are situations when a restraining order is issued that requires review for validity. In some cases, the victim may not be the first person in the party to file a restraining order. When this is done, the victim must provide enough evidence to show substantial fear to have the police issue an order. Orders are usually issued in emergencies when the threat is imminent and are valid for seven days. During this time, an experienced criminal defense lawyer can review the restraining order and fight any orders issued under false pretenses.

Emergency, Temporary, and Permanent Restraining Orders

If a temporary restraining order is in place until a court hearing or a permanent order has been issued with you or someone you know named on the restraining order, call a local criminal defense attorney for insight and help. Spending time on a free consultation call with a professional ensures that the terms, length, and validity of any restraining order in San Diego County are explained and understood. There are always options when it comes to restraining orders, and if the terms are too challenging, a defense lawyer can help appeal to the court and ask for a modification to the order. An example may be if the named person on the restraining order works a block away from the person who asked for the order. It may not be feasible for the named person to quit their job to honor a distance restraining order. It would be critical to have the terms modified in this situation and others like it, and only someone with legal experience in San Diego can do this effectively.

If you have any questions about restraining orders in San Diego County, contact Attorney Joni Eisenstein, located in Oceanside. Attorney Eisenstein has helped hundreds of clients in San Diego County over the past three decades navigate restraining orders and clarifies their confusing terms.