Carlsbad Restraining Orders Attorney

A restraining order is a legal order to provide protection from someone who has caused or may cause you harm. Restraining orders can keep someone from contacting you, keep them away from you, or they may order someone to leave your home. Whether you require a restraining order or someone has filed one against you, consider hiring a Carlsbad restraining orders lawyer to help you with your case.

What Are the Types of Restraining Orders?

People file restraining orders for a multitude of reasons. Sometimes, they need protection from a violent partner; other times, they need protection for their children and families. Below is a list of ways a restraining order may be filed.

• Domestic violence – If a person is in an abusive relationship with a romantic partner or an ex, they may need protection against them. Domestic violence restraining orders also include immediate family members like a child, parent, or grandparent.
• Civil harassment – Sometimes a person is harassed or harmed by someone not in their immediate family. In this case they need a civil harassment lawsuit, which protects against someone not in their family like a neighbor, coworker, family friend, or some relatives.
• Elder abuse – If an elder, or someone 65 years or older, needs protection from a caretaker who is neglecting or abusing them, they can file a restraining order. This order also applies to dependent adults.
• Gun violence – A gun violence restraining order may not order a person to stay away from someone else, but it can order someone from being denied owning or purchasing a gun if law enforcement believes they are a threat to themselves or others.
• Workplace violence – When workplace violence occurs, an employer may then choose to file a restraining order to protect one of their employees.
• School violence – When violence happens at school, a school representative can file a restraining order to protect one of their students.

What If Someone Violates a Restraining Order?

Restraining orders are taken very seriously as they are often used to protect vulnerable people or those who have been harassed, stalked, or otherwise victimized by violence. The penalties for violating a restraining order can include jail time, paying fines, or paying restitution.

Violating a restraining order is considered a misdemeanor punishable by a fine of up to $1,000, up to a year in jail time, or both. If a victim is injured because of the restraining order violation, then the fine increases to up to $2,000, and the jail time is 30 days to one year in prison, or both. Restitution can include paying up to $5,000 to domestic abuse or elder abuse shelter programs.

What Is the Restraining Order Process?

While the process for each type of restraining order is different, the restraining order for domestic violence cases can be the quickest, with temporary protection going into effect right away and the process lasting a few weeks to months. The process is outlined as follows:

1. Ask for the restraining order – You can independently file court papers for a restraining order, and the judge will decide whether to grant you immediate temporary protection. You will also receive a court date for your restraining order.
2. Serve the other side – The person who you want protection from will be served with the court documents you filed by someone else. Either a sheriff or marshal can do this, but you can also have someone else do it.
3. Go to court – At your court appointment, you can bring evidence or witnesses for your case. You will present your case to the judge, outlining why you need a restraining order, and the other side may also present their arguments and documentation. Hiring an attorney is invaluable in this stage to help you gather your thoughts and build your case. The judge will then make the decision of whether or not the order is granted.
4. Finish the case – The judge can either grant your restraining order or deny your request. The judge can also grant you a long-term restraining order, which involves a couple more steps.

While you do not need a lawyer to file a restraining order, a lawyer can be invaluable for defending you in court and helping you build your case.

FAQs

Q: How Much Does a Restraining Order Lawyer Cost in CA?

A: The cost of a restraining order lawyer in California varies depending on several factors, including case complexity, lawyer experience, and the firm’s location. More complex cases, such as long-term restraining orders, may require more billable hours and become more expensive. On the other hand, less complex cases are less time-consuming and, therefore, less expensive.

Q: How Do I File for a Restraining Order?

A: Filing for a restraining order is relatively simple and quick because of the nature of the circumstances. You must file your restraining order at your county court. Once you file the papers provided to you by a court clerk, you can serve the other party and begin the process. There is no court fee required to file a restraining order.

Q: What Is the Burden of Proof for a Restraining Order in CA?

A: The burden of proof for a restraining order in California depends upon the type of restraining order. For domestic violence restraining orders, the burden of proof can be a preponderance of evidence, and in civil cases, it can be clear and convincing evidence. In any case, the burden of proof is on the petitioner (the person who files for the restraining order.)

Q: What Are the Laws Surrounding Restraining Orders in CA?

A: California restraining order laws protect petitioners from being abused, harassed, stalked, or contacted. Restraining orders are court-ordered by a judge and must be honored, or else harsh consequences may be brought down against the accused. For more information about restraining order laws in Carlsbad, CA, contact a reputable lawyer near you.

Contact Paula D. Kleinman Today

At Paula D. Kleinman, A Professional Law Corporation, we have decades of experience advocating for clients through their most difficult times. We understand the laws surrounding restraining orders, and we can ensure your rights are protected through every step of the process. Contact our office today to learn more about your options.