Orange County Domestic Violence Restraining Order Defense Attorney
Under California law, judges may prohibit or restrain certain conduct through the use of injunctions. An injunction is an order from the court that is legally binding. If you break the rules of an injunction you can be fined or even put in jail. Restraining orders are one type of injunction, and they are most often used to keep certain individuals away from accusers or victims. Restraining orders can prevent individuals from contacting or even going near the person who requested the order. Anyone facing a restraining order or who has been accused of violating such an order would be well advised to seek out information regarding his or her rights and options.
Once a restraining order is entered, you can face criminal charges if the other person accuses you of violating the terms of the order. If a permanent order is issued instead of a temporary order, it will show up on background checks and you won't be allowed to possess a firearm. Contact the experienced Orange County criminal lawyers of Law Office of Michael L. Guisti at (714) 530-9690 to better understand the laws and how they could affect you.
Restraining orders are most often issued by a court following an incident of abuse, threat, harassment or assault. However, individuals sometimes face unfair and unnecessary punishments for allegedly violating the terms of their restraining order.
The law tends to side with the person who claims to be the victim of harassment or abuse. For example, in an alleged domestic abuse case, the court will enter a temporary restraining order even before there is a hearing or the person who's been issued the restraining order has a chance to tell their side of the story.
An Orange County judge will have to conduct a formal hearing if a permanent order becomes necessary. Anyone facing a permanent restraining order in Orange County will receive a notice within about a week, so there isn't much time to prepare.
Here are a few steps you can take if someone files a restraining order against you:
- Obey the order. Even if you disagree with the restraining order, you must obey the terms or face criminal charges. You will more than likely have to avoid making contact with the person who asked for the restraining order.
- Gather evidence. Begin collecting physical evidence that may relate to any incidents or events referred to in the restraining order. You will want photos, clothing and objects related to the incident.
- Collect documentation. Proving where you were at the time of the alleged incident can help your case, so you may need emails, phone records and other proof of where you were and what you were doing at the time of the alleged incident.
- Get a list of witnesses. Write down everyone you can think of who may have witnessed or heard the incident.
This type of information can prove useful if false accusations have been made against you. For example, if the other person claims you repeatedly sent them text messages or called, phone records can prove that you were not harassing him or her.
If you believe that the restraining order is unfair or that you have been wrongfully accused of violating a restraining order, you need an experienced Orange County domestic violence attorney on your side.
If the judge determines you violated your restraining order, you could be facing jail time and costly fines. The Irvine criminal defense attorneys at Law Office of Michael L. Guisti are experienced in defending individuals accused of violating restraining orders. Please call us at (714) 530-9690 for a free and comprehensive consultation.
Whether you're facing a felony or a misdemeanor, don't risk a conviction. Act quickly to redeem your reputation and protect your record by consulting with our Orange County criminal defense lawyer. Call today to schedule your free consultation.