Imagine that you were removed from your home, now you are not allowed to see your wife, be around your kids or live in your own house. A restraining order has the power to destroy your life by taking away everything that matters and forcing you to stay away from your family. More often than not, these petitions are frivolous in nature and\u00a0are brought due to some child custody dispute, visitation issues,\u00a0spousal support. This is what\u00a0drives the agenda of the criminal courts. This is because the burden of proof in a family law case is lower compared to the burden in the criminal courts.<\/p>\n
So if a judge makes an order against you in a criminal court it is likely that the judge in the family law court will follow the same order. Moreover, when it comes to restraining orders, courts will often side with the victim in order to prevent further altercations. If you are notified that a restraining order is being filed against you, it is in your best interest to immediately hire an experienced criminal lawyer<\/a>. At Monder Law Group we understand what is at stake with any type of restraining order and will fight zealously to protect your rights and prevent the judicial system from being abused by individuals who are only trying to harm you.<\/p>\n An emergency protective order that legally prohibits you from coming near or contacting the victim.<\/p>\n An emergency protective order is issued immediately after the police arrive at your home by an on-call judicial officer.<\/p>\n An\u00a0emergency protective order will remain in effect for five court days or seven calendar days.<\/p>\n The victim can seek a Temporary Restraining Order.<\/p>\n <\/p>\n A temporary restraining order is a court order to stay away from the person identified as the protected person.<\/p>\n A temporary restraining order is usually filed by victims in response to domestic violence allegations.<\/p>\n The court will grant a temporary restraining order as a precautionary measure to protect you and your family from potential harm.<\/p>\n In most cases, a temporary restraining order is granted the same day in which the paperwork has been filed. Once it has been filed and you have been served, it takes effect immediately.<\/p>\n Temporary restraining orders usually are granted for up to 25 days. Before the TRO expires, a hearing will be held to determine if a permanent restraining order should be issued.<\/p>\n Both parties will appear in court within 25 days of when the temporary restraining order was granted.<\/p>\n The judge will hear from both parties in addition to any witnesses to determine whether a Permanent Restraining Order is necessary.<\/p>\n Once the court issues a permanent restraining order, the temporary restraining order will be dissolved and the matter will be terminated.<\/p>\n <\/p>\n A permanent restraining order is a court order instructing the restrained person to stay away from the person identified by the order as the protected person.<\/p>\n A permanent restraining order identifies the petitioner as the protected person and includes that person\u2019s immediate family and\/or household members.<\/p>\n After a permanent restraining order is filed against you and you have been served, the order goes into effect immediately. Preventing you from entering your own home or seeing your children.<\/p>\n Once a permanent restraining order is filed against you, it becomes a part of your criminal record. This will be detrimental to you when doing anything that requires you to pass a criminal background check.<\/p>\n Yes, the protected person can request that a permanent restraining order be modified by asking the judge for a peaceful contact or no negative contact order. This would allow you to be in contact with your family again, see your kids and maybe even move back home so long as the contact is peaceful.<\/p>\n Permanent restraining orders are not actually permanent. They typically expire after five years. When it expires, the protected person can ask for a new restraining order to remain protected.<\/p>\n The permanent restraining order remains in effect across state lines and will be enforced by law enforcement agencies in the new state.<\/p>\n You will be arrested and may be charged under California PC 273.6 and may face up to one year in jail and fines of up to $1,000.<\/p>\n Subsequent violations of a permanent restraining\u00a0order\u00a0within seven years are punishable by increasingly mandatory minimum sentences, up to and including three years in jail.<\/p>\n Your fine can double to $2,000 and you face up to one year in jail.<\/p>\n <\/p>\n A criminal protective order\u00a0legally prohibits you from coming near or contacting the victim during an ongoing criminal case.<\/p>\n Victims of violence, witnesses subject to intimidation, and their families can be granted protected person status during a criminal case.<\/p>\n A criminal protective order may be issued at the request of law enforcement to protect a person deemed to be at risk as the result of a criminal investigation or a victim of a crime.<\/p>\n It depends on the reason for the issuance of the order. If the criminal protective order\u00a0was issued to protect a victim or witness from harm or intimidation to testify in a criminal case, the length of the order will be three years.<\/p>\n After the defendant has been convicted and sentenced, the criminal protective order\u00a0is automatically terminated.<\/p>\n A criminal protective order supersedes any other type of civil restraining order issued by a family court judge or civil order.<\/p>\n \u25aa\u00a0\u00a0\u00a0 Not contact or go near you, your children, other relatives, or others who live with you;<\/p>\n \u25aa\u00a0\u00a0\u00a0 Stay away from your home, work, or your children\u2019s schools;<\/p>\n \u25aa\u00a0\u00a0\u00a0 Move out of a shared residence;<\/p>\n \u25aa\u00a0\u00a0\u00a0 Forfeit his or her right to own or possess a firearm while the order is in effect.<\/p>\n A hearing for a restraining order can be requested and scheduled without your knowledge. This puts you at a clear disadvantage that the petition will be granted, without you having an opportunity to be heard on the matter.<\/p>\n <\/p>\n At Monder Criminal Lawyer Group, here’s what we can do for you:<\/p>\n We also help our San Diego clients with various domestic violence cases<\/a> and all other types of criminal offense charges, including charges for vandalism<\/a>.<\/p>\n <\/p>\n Restraining Order in San Diego Imagine that you were removed from your home, now you are not allowed to see your wife, be around your kids or live in your own house. A restraining order has the power to destroy your life by taking away everything that matters and forcing you to stay away from […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"footnotes":""},"class_list":["post-93","page","type-page","status-publish","hentry"],"acf":[],"yoast_head":"\nEmergency Protective Order in San Diego<\/h2>\n
What is an EPO?<\/h3>\n
How do I get an EPO?<\/h3>\n
How long does an EPO remain in effect?<\/h3>\n
What happens after EPO expires?<\/h3>\n
Temporary Restraining Order in San Diego<\/h2>\n
What is a TRO?<\/h3>\n
What misconduct results in a TRO being filed?<\/h3>\n
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Who usually files a TRO?<\/h3>\n
Who does a TRO protect?<\/h3>\n
How long does it take for a TRO to take effect?<\/h3>\n
How long is TRO valid for?<\/h3>\n
How long do you have to wait to change the TRO to a Permanent Restraining Order?<\/h3>\n
What happens at this hearing?<\/h3>\n
What happens to the TRO?<\/h3>\n
Permanent Restraining Order in San Diego<\/h2>\n
What is a PRO?<\/h3>\n
Who does a PRO protect?<\/h3>\n
What are the immediate consequences of a PRO?<\/h3>\n
What are the long term implications of a PRO?<\/h3>\n
Can a PRO be modified?<\/h3>\n
How long does a PRO remain in effect?<\/h3>\n
What happens if a party to the PRO moves out of state?<\/h3>\n
What happens the first time I violate the PRO?<\/h3>\n
What happens if I violate the PRO\u00a0more than once?<\/h3>\n
What if while in violation of the PRO, I injure someone?<\/h3>\n
Full Criminal Protective Order in San Diego<\/h2>\n
What is a CPO?<\/h3>\n
Who does a CPO protect?<\/h3>\n
Who issues a CPO?<\/h3>\n
How long is a CPO valid for?<\/h3>\n
When is a CPO terminated?<\/h3>\n
What happens if a civil restraining order conflicts with CPO?<\/h3>\n
What can CPO order me to do?<\/h3>\n
Why do I need an attorney for any type of protective order?<\/h3>\n
How an Experienced San Diego Criminal Defense Attorney Can Help You Contest a Restraining Order<\/h2>\n
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Contact San Diego Restraining Order Criminal Defense Attorneys for a FREE consultation today at: 619-405-0063<\/a><\/h4>\n","protected":false},"excerpt":{"rendered":"