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5 Important Things to Know About Restraining Orders

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In the state of California, there are four types of restraining orders, the most prominent being Family Law domestic violence restraining orders. Apart from that, civil harassment restraining orders include elder/dependant abuse, gun violence, and work violence protective orders. 

1. How do I file a restraining order?

If you are in immediate risk of violence or assault, contact 911 and a restraining order may be issued for you. Alternatively, if you are in need to file a Family Law restraining order in San Diego, you may call or visit the San Diego Family Justice Center or any other family Court Division closest to you. There, you can receive a temporary restraining order, assistance, resources and information on later court proceedings.

Civil harassment, elder/dependent adult abuse, gun violence, and workplace violence temporary restraining orders can be filed and obtained at four locations in San Diego: Hall of Justice and East, South and North County Regional Centers. Be sure to check which restraining order you intend to file and the preconditions necessary.

2. Can I still be arrested for violation of a restraining order if I haven’t been served?

If you have not been served in a hearing for a restraining order against you, being arrested for violation of a protective order is dependent on whether you have received notice of a temporary restraining order (TRO) to your person. Having notice of a TRO before violating it is admissible as grounds for arrest, jail time or a fine depending on severity, but it cannot be legally enforced without your prior knowledge.

Alternatively, if the victim has called for authorities under harassment or assault, the police can issue a TRO on call or on the spot.

This, however, is different from being served a permanent restraining order, which requires that a copy of each document against you has been filed in court, and you have been given a date of the upcoming hearing.

3. Is a violation of a restraining order a criminal offense?

In California, violation of a restraining order is a criminal offense. This means that, as a misdemeanor, violation of a restraining order can cost you up to a maximum of $1,000 or even arrest in the county jail for up to one year. If the violation involves more severe acts of criminal offense, including enacting physical violence or taking part in repeated cases of violation, the costs of the fine and length of imprisonment can be significantly higher.

Regarding grounds for arrest, it is important to hire a criminal defense attorney to provide assistance against any illegitimate accusations. For more information visit the Law Office of Vikas Bajaj. Missing your hearing means the judge will simply issue an order without your presence, making it far more difficult for you to defend your case.

4. How much does a restraining order cost in San Diego?

Requests for protective orders have varying fees depending on the type of restraining order you need but fortunately the most prolific orders such as domestic abuse, and those of workplace harassment, elder abuse and civil harassment involving violence, threats of violence or stalking are without fee. If the request is less substantiated than the prior mentioned causes, the fee in San Diego is $435.

5. How long does a restraining order take in effect?

Depending on whether your restraining order is accepted, a temporary restraining order should take effect on the same day and up until the day of the hearing. After the court date, if passed, a permanent restraining order can last for up to 5 years.

 






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