Restraining Order Lawyer Stockton

Call Our Stockton Restraining Order Attorney Today For Help

A restraining order can have a devastating impact on a person’s life and can be issued by the court without any type of criminal case being filed. As of September, 2014, California Governor Brown has signed new laws that change how courts deal with a restraining order case.

Two of the bills address the standard the court is required to follow and the evidence needed to issue a restraining order. The other bill deals with domestic violence criminal cases and the restraining order that is issued in those criminal cases.

The four types of restraining orders include:

The second new law affecting restraining orders deals with criminal domestic violence. The new law expands the definition of domestic violence to include abuse against children of a spouse or cohabitant.

So what if I get a restraining order, what does that do to me? Don’t be so quick to dismiss this court order. A restraining order is extremely serious and can remain as an active court order for years. Restraining orders can show up on your credit report, preventing you from getting a loan or employment.

A restraining order can last up to 5 years and can be ordered again by request of the protected party. Don’t ignore a restraining order if you have been served, you need to seek advice immediately.

The two most important things you can do are show up and be prepared. A judge in the superior court hears false statements, half-truths, and flat out lies every day. People seek restraining orders for many inappropriate and sometimes fraudulent reasons. If you are being falsely accused of harassing conduct, then you need to stand firm and have your voice heard in court. Getting a temporary restraining order served on you is not the end, you have to act and preserve your rights.

The biggest concern with restraining orders, especially domestic violence orders, is the standard of proof. The burden on the person seeking a protective order is very low, much lower than in a criminal case. The judge must only be convinced that it is likely that abuse, physical harm, or harassment has occurred in the past. The standard is essentially 51%. If the judge thinks an allegation is 51% true, and the allegation is serious, then he may grant a restraining order.

Defending these cases takes years of courtroom experience and knowing how to seek out and prove the lies and inconsistencies in a witness’s story. Domestic disputes and allegations are complicated and can’t be left to chance.

If the respondent in a restraining order case is successful in their defense, they can ask the judge to grant any attorney fees and costs paid. Although it is not common for a judge to grant a request for attorney fees, every person should use caution before requesting a restraining order.

Anyone who files for domestic violence should be aware of what it means to prevail in court. If a petitioner dismisses their restraining order petition, the law states that the defendant could be considered a prevailing party. While there is always a risk of having a full hearing for a restraining order, a party should be aware of what filing a dismissal means for their case.

Unless both parties stipulate to dismiss a restraining order case, there will always be a prevailing party. At this point, the judge has the discretion to decide if the prevailing party should be awarded attorney fees.

While some judges grant attorney's fees very rarely, others are more willing to hear arguments about why attorney’s fees should be awarded. Familiarity with the standards and procedures each judge applies in their courtroom is essential for every restraining order case.

With a domestic violence restraining order, the judge considers additional factors. The judge will look into the need for a party to be awarded attorney’s fees and the opposing party's ability to pay.

The temporary restraining order is done without a formal hearing in front of the judge. The paperwork is completed with the client and submitted to the judge for review. A request for the order is approved and signed by the judge, with a hearing date set for the near future. One important factor in the restraining order process is having the other party served, usually by the sheriff.

Until you have a permanent order, the temporary stay-away order will protect you and keep the offending party from coming near your workplace, your children, or your home. In addition, the offending party will not be able to contact you by phone, email, or even social networking sites.

The first restraining order a court can grant is called a temporary restraining order. This order is granted on the same day a request for a restraining order is filed. This process is similar for a domestic violence.

A hearing for the permanent restraining order can take a matter of moments or several days. Every restraining order case is different, some with multiple witnesses to events occurring over months or even years. As the courts continue to lose funding, it becomes difficult to get extensive courtroom time for long hearings. So while a temporary restraining order is intended to be in place for weeks, it may actually take several months before a full permanent order hearing is possible.

Act quickly if you have an upcoming hearing date for a permanent restraining order. To be granted a restraining order, it is important to have assembled the evidence in your case properly and in compliance with local court rules. Judges hear thousands of restraining order cases and expect that the parties in a case will be prepared to present their case. Preparation and research are key to success in the courtroom.

Closed For Lunch                                   12 pm - 1 pm