How to Deal With Restraining Orders in California Criminal Domestic Violence Cases

Restraining order paperwork with a pen, glasses and a gavel next to it

Being charged with a crime is stressful and intimidating on its own. If the court has also put a restraining order against you into effect, you may feel confused and frustrated by all the rules and restrictions that are complicating and threatening your freedom and future. With over 35 years of experience, certified criminal law specialist David M. Wallin and his team of excellent attorneys, including TWO FORMER DEPUTY DISTRICT ATTORNEYS, are ready to spring into action and fight for your freedom and future. We believe in providing reliable and aggressive criminal defense attorney services to the clients we serve, working hard to protect their rights and keep their futures as bright as possible. We offer FREE CONSULTATIONS and FLEXIBLE PAYMENT PLANS, so get in touch with our Palmdale, California office right away to start exploring your legal options. Together, we will help you understand how to fight a restraining order in California and some of the most effective ways to handle accusations of violating a restraining order in Palmdale, Lancaster, or the greater Los Angeles area. 

Types of Restraining Orders in California Domestic Violence Cases

In California, restraining orders frequently accompany criminal domestic violence charges. The court can issue restraining orders before or during an arrest, depending on the specific factors of each case. These orders are typically issued to protect the alleged victim from the defendant’s attempts to contact or communicate with them during the criminal justice process. Below are some of the restraining orders for domestic violence in California that can occur when someone is arrested and charged with a domestic violence-related offense in Palmdale or Lancaster.

Emergency Protective Order (EPO)

In cases where law enforcement has reason to believe that someone is under immediate threat of harm by the defendant, an EPO may be warranted. An EPO can be issued by police at the scene of a domestic violence incident, and the order can last between five and seven days (i.e., until the court can review the matter and determine how to proceed).

Temporary Restraining Order (TRO)

After your arrest, the judge may issue a temporary restraining order that prohibits you from contacting or interacting with the alleged victim in any way. The TRO lasts until the hearing, when you will have the opportunity to respond to the TRO. 

Permanent Restraining Order

At the hearing when you are able to respond to the TRO, the judge will review the specifics of the situation and determine whether to make the restraining order permanent. If the judge agrees that issuing a permanent restraining order is warranted, this order can last up to five years and prohibits you from engaging in specific behaviors or activities, such as contacting the protected person. 

Criminal Protective Order (CPO)

When a criminal case is moving forward, the District Attorney may request a CPO to protect the witnesses or alleged victim from the defendant’s attempts to contact, harass, or intimidate. Violating a California criminal protective order can lead to serious consequences, like jail time and new criminal charges.

What Happens if You Violate a Restraining Order in California?

Restraining orders are official, court-ordered protections that are used to keep people safe from harassment or abuse. If you violate the terms of the restraining order in any way, you could face serious consequences that carry lasting implications. Depending on the nature of the violation, you could find yourself facing new misdemeanor or felony charges. Restraining order violations may also trigger jail time, costly fines, and negatively impact the course of your underlying domestic violence case. If you are struggling with a restraining order in California, David M. Wallin and his team of excellent attorneys, including TWO FORMER DEPUTY DISTRICT ATTORNEYS, are ready to provide you with the exceptional legal representation you deserve. Schedule your FREE CONSULTATION with us today—FLEXIBLE PAYMENT PLANS OFFERED!

Immediate Steps to Take If You’re Served With a Restraining Order in Palmdale or Lancaster

Being served with a retraining order in Los Angeles County can be disorienting. Although your first instinct may be to contact the other person to reason with them, it’s essential that you stop yourself from attempting to communicate with the protected person in any way. Even if the protected person tries to contact you, do not respond. Instead, read the terms of the order carefully to fully understand all of the restrictions and prohibited activities (i.e. texting them, sending messages to them via social media, showing up to their place of employment, etc.). Next, reach out to your highly qualified and experienced Palmdale criminal defense attorney to discuss the most strategic way to respond to the restraining order. 

Changing or Modifying a Restraining Order in California

When you enlist the services of certified criminal law specialist David M. Wallin and his team of excellent attorneys, including TWO FORMER DEPUTY DISTRICT ATTORNEYS, you can review the specific details of your case and identify the most strategic course of action. We can help you request a hearing to contest the order, where we can present evidence, witness testimony, and character support in an attempt to have the order dismissed. In other cases, your experienced criminal defense lawyer can help you pursue a modification for contact restrictions, such as allowing for some limited, peaceful contact in order to co-parent your children. If you are ready to learn more about how we can defend your legal rights and keep your future as bright as possible, schedule a FREE CONSULTATION with us today.

Get Started With a Top Criminal Defense Attorney Today

Now is not the time to leave your future up to chance. If you are facing criminal charges or struggling with a retraining order in Palmdale, Lancaster, or the greater Los Angeles area, reach out to the Law Offices of David M. Wallin right away for the reliable and effective legal defense services you deserve. With over 35 years of experience, certified criminal law specialist David M. Wallin and his team of excellent attorneys, including TWO FORMER DEPUTY DISTRICT ATTORNEYS, are ready to spring into action and fight for your freedom and future. Call (661) 267-1313 right now for a FREE CONSULTATION! PAYMENT PLANS OFFERED!