Oceanside Restraining Orders Attorney

Being involved in a restraining order case can be confusing. Understanding restraining orders can help you understand what to do next. An Oceanside restraining orders lawyer can assist you in navigating this situation and help you prepare for the legal process.

What Choose Us?

Paula D. Kleinman, A Professional Law Corporation, offers over 25 years of combined family law experience in dedicated and compassionate representation across Oceanside and San Diego County. Paula D. Kleinman listens carefully to every client’s situation and keeps communication open to allow informed decisions to be made in times of need. With a focus on quality and client service, we can be trusted with your family law concerns.

What Is a Restraining Order?

A restraining order, or protection order, is a court-ordered protection against harassment, abuse, stalking, or violence. Preventing another from harm is the aim of a restraining order, in that it prohibits the behavior of the person against whom it is served. Restraining orders are issued in many cases, such as those involving domestic abuse, stalking, harassment, assault, or threats of violence.

Types of Restraining Orders

There are a few different types of restraining orders that can be served. The type will depend on the individual circumstances surrounding each case. They include the following:

• Temporary restraining order. As the name implies, this restraining order is temporary and does not require an appearance before a judge. It is designed to provide the petitioner with immediate protection until the scheduled court date.
• Permanent restraining order. This type of restraining order is given after a scheduled court date. The court will decide how long it will last, which can range from a few years to indefinitely.
• Emergency Protective Order. These are often issued in emergency situations, such as following a domestic dispute where law enforcement was called. They provide immediate, short-term protection.
• Workplace violence restraining order. This order protects employees in the workplace from violence and harassment. An employer can file for one on behalf of their employee.

Filing a Restraining Order

There are several crucial steps involved in obtaining a restraining order. First, the petitioner must fill out and submit the forms to the district court detailing the reasons for their request and any instances of abuse, intimidation, or threats. The court may issue a temporary restraining order (TRO) right away that will remain in effect until a court hearing.

A judge will then set a hearing date where both the petitioner and the respondent are allowed to testify and provide evidence. The judge will determine, based on the evidence presented, whether to grant a permanent restraining order, which lasts longer and may include other restrictions.

Violations of Restraining Orders

Breaching a restraining order is a criminal act with hefty penalties. Violations can include contacting the protected person via phone calls, texts, emails, visits, or through a third party, such as a family member or friend.  Being in the immediate vicinity of the protected person’s house, work, or school can also be a violation.

Also, non-observance of certain conditions, such as moving out of the shared home, paying bills, or participating in court-ordered counseling, are violations.

Penalties for Violating a Restraining Order

When you violate a restraining order, the punishment can be severe. Fines and jail time are very common penalties, even for a first-time offense. Generally, a first-time offense is considered a misdemeanor punishable by up to a year in jail and a large fine.

Frequent violations or those involving physical injury, threats, or weapons typically result in felony charges with severe consequences, including prison time.

Offenders may face additional repercussions, such as losing their gun rights or court-ordered counseling. The severity of the penalties highlights why it’s critical to follow the restraining order in all respects and call an attorney straight away if you’re accused of a violation.

What To Do if You’ve Been Served With a Restraining Order

If you are issued a restraining order in Oceanside, you should take action immediately and cautiously. You should start by carefully reading the entire order so you know the terms and conditions. It’s important to follow every part of the order, even if you think it was handed down unfairly. A violation of the mandate could incur harsh penalties, such as an arrest, a fine, and a prison sentence.

Record your court date and any deadlines for responding. This hearing is your chance to counter the charges and provide evidence to support your side. Gather any evidence you might need to disprove their accusations, including emails, texts, and witnesses.

It is recommended to consult with an attorney who is familiar with restraining orders. They can educate you on the legal aspects of the order, prepare you for a defense, and fight on your behalf.

Do not try to contact the filer or talk about the case with close acquaintances, as this may be construed as a violation. Taking these steps can help ensure your rights are secured and increase your likelihood of a successful outcome.

How a Lawyer Can Help

When dealing with a restraining order case, whether you are attempting to protect yourself or defend yourself, an attorney is important. For respondents, a lawyer can provide clarification on the order and enforce compliance so as to avoid any misunderstandings that result in an arrest or criminal charges. They can help gather evidence, prepare a case, and go to court to appeal or modify the order.

Typically, for petitioners, a lawyer can prepare and file the paperwork and prepare an argument in court that explains why they should be protected. If there is a violation of the order, an attorney can ensure it is enforced, and their client’s safety is prioritized.

An attorney can provide legal advice throughout the process and inform the client of their rights and the options available to them. They can negotiate, litigate for their client, and manage the legal procedural details that are confusing to grasp without legal help.

When you have a good attorney representing you, it’s more likely to give you a positive outcome when you are appealing or trying to get a restraining order in place.

Contact Paula D. Kleinman, A Professional Law Corporation Today

If you are involved in a restraining order case, the process can be legally and emotionally difficult. Paula D. Kleinman, A Professional Law Corporation, can help you get through it. Contact us today to speak with one of our representatives.