What is a Restraining Order?

A restraining order (or “protective” order) is a court order that forbids someone from harassing, stalking, or abusing another person. If an Orange County court issues a restraining order with your name on it, promptly contact an Orange County domestic violence defense attorney.

The party that seeks a restraining order is called the “protected” person, and the party named by the order is called the “restrained” person. More than 30,000 restraining orders are issued by the California courts every year. The usual reasons restraining orders are issued include:

  1. to prevent a person from emotionally or physically harming someone else
  2. to protect property from destruction or damage

California’s courts issue four types of restraining orders: domestic violence orders, civil harassment orders, elder abuse orders, and workplace violence orders. Most of the restraining orders issued by the courts in Southern California are for domestic violence.

How Does This State Define Domestic Abuse?

Any abuse of a person’s “intimate partner” in California is domestic violence. This includes the reckless or intentional use of force or the threat of force. The law defines an intimate partner as:

  1. your spouse or ex-spouse
  2. a domestic partner or former domestic partner
  3. the other parent of your child
  4. a former or current cohabitation partner
  5. someone you are dating or used to date

What Does a Domestic Violence Restraining Order Do?

Do not take a California domestic violence restraining order lightly. These court orders impose terms and conditions that must be obeyed. For example, you may suddenly find that you must vacate your home and avoid all contact with certain persons, including your children.

Violating a domestic violence restraining order in this state, even by accident, can lead to an arrest, jail time, and a criminal conviction. The violation of a restraining order is a misdemeanor and is punishable upon conviction with up to a year in jail and/or a fine of up to $1,000.

Most domestic violence restraining orders also prohibit the restrained party from owning, possessing, or buying a firearm. You’ll need to ask an Orange County restraining order defense lawyer to explain your options for challenging a domestic violence restraining order.

Take These Steps if You Are Served With a Restraining Order

When someone requests a restraining order, the court considers the request and may or may not issue a temporary restraining order that stays in effect for twenty-one days. At the end of that time, the court will hold a hearing to determine if the restraining order should be permanent.

If you are named as the restrained person in a domestic violence restraining order in Orange County, read the order carefully, adhere strictly to its terms and conditions, and contact an Orange County domestic violence defense attorney immediately.

At a permanent restraining order hearing, your restraining order attorney will explain to the judge why the restraining order is unfair and/or unnecessary and should be rescinded. Your attorney may present evidence to the court and call witnesses to testify on your behalf.

When Should You Contact a Defense Attorney?

It is essential to act quickly if you receive a domestic violence restraining order in Orange County. You and your restraining order defense lawyer will have only several days to file a response, compile evidence, and prepare for the permanent restraining order hearing.

If you do not obtain a restraining order attorney’s help or you fail to appear at the hearing, the court will probably issue the permanent restraining order against you. The hearing may be your only opportunity to tell the court your side of the story.

Here are several additional tips for dealing with your situation if you receive a domestic violence restraining order issued by an Orange County court:

  1. Avoid any contact or confrontation with your accuser while the case is pending.
  2. Avoid using social media. Whatever you post online could be used against you.
  3. Identify other persons who can speak on your behalf and vouch for your character.

Could Someone Fabricate a Domestic Violence Claim Against You?

In 2023, law enforcement agencies in California received more than 160,000 reports of domestic violence incidents. However, domestic violence defense attorneys, family law attorneys, law enforcement officers, prosecutors, and California judges frequently have to deal with fabricated domestic violence allegations. It happens more often than many people think.

Phony domestic violence claims are made for several reasons. Your ex, for instance, may be seeking an advantage in a property or child custody dispute. A resentful teenager may concoct a lie about a stepparent. Other false domestic abuse charges are made for no apparent reason at all.

Why is Legal Representation So Essential?

It can be a challenge to separate the falsehoods from the truth in a restraining order hearing. Your lawyer will take steps to find the truth, but a phony domestic violence claim is like any other allegation of wrongdoing. What’s “true” will be decided by a judge based on the evidence.

That is why, if you receive a domestic violence restraining order in Orange County, you must be defended by an Orange County restraining order defense lawyer who has considerable experience with restraining orders and domestic violence claims.

After examining the allegation against you, your domestic violence restraining order lawyer will develop a legal strategy that is both aggressive and effective.

Bring Your Domestic Violence Restraining Order to The SoCal Law Network

If an Orange County court issues a domestic violence restraining order that names you as the restrained person, the help you’ll need is right here. An attorney at The SoCal Law Network will represent you, protect your rights, and explain each step of the judicial process.

With almost five decades of combined legal experience, the defense attorneys at The SoCal Law Network provide sound advice and effective legal representation to those named in restraining orders or charged with domestic abuse crimes in Orange County and across Southern California.

If you have been named in a domestic violence restraining order, contact the offices of The SoCal Law Network now by calling us at 949-779-3799 . Your first meeting with The SoCal Law Network legal team is offered with no cost or obligation.