Restraining Orders – Attorney in San Diego
Restraining orders are court orders that will prevent a person from legally being able to come into contact with you. This will in result, keep the person feeling safe and protected. The person who is requesting the restraining order is known as the “protected person,” while the person who it is being taken out because of is known as the “restrained person.” Restraining orders are generally taken out in the event of domestic violence, abuse, harassment or workplace violence. Restraining orders can contain more than one “protected person” if necessary. At Joseph C. Crudo, PLC, we are open to help those file restraining orders as well as fight invalid restraining orders. Contact our restraining order attorneys in San Diego at Joseph C. Crudo, PLC for a free consultation.
Domestic Violence Restraining Order “DVRO”
Domestic Violence Restraining orders, or DVROs, are usually used during cases of spousal abuse in the event that the restrained person continually uses threats of violence, stalking, or has injured the protected person. Using an adequate lawyer in this situation is very important because once a DVRO is filed, it will stay in effect for a minimum of 3 years and can have a maximum of 10 years. Violating a DVRO can result in a misdemeanor or felony which can lead to prison time.
Civil Harassment Restraining Order
A Civil Harassment Restraining Order is used primarily for protecting oneself from physical abuse, stalking, threats, or harassment from someone who does not have a close relationship like a domestic violence restraining order would require. The protected person will need to file for a Civil Harassment Restraining Order which will require convincing evidence to be presented during a hearing. When approved, this restraining order will allow for an allotted time of protection for the protected person.
Elder or Dependent Adult Abuse Restraining Order
This restraining order applies to adults who are 65 years of age or older, or for adults from ages 18 to 64 who have disabilities that prevents them being able to protect themselves. This restraining order is for victims who have suffered from physical, financial, or psychological abuse, neglect, abandonment, or any sort of deprivation of basic necessities or services from a caregiver.
Workplace Violence Restraining Order
This restraining order is filed by an employer for protection of an employee who has experienced stalking, violence, serious harassment, or a threat of violence in the workplace. The restraining order cannot be taken out by the employee, it must be taken out by the employer, otherwise a domestic violence or civil harassment restraining order must be taken out.
Permanent Restraining Order
Permanent restraining orders are issued by the court when the judge feels that extended protection is essential. Permanent restraining orders can last from 3 to 5 years. After 3 years since the issue date, the protected person has the option of extending the restraining order.
Restraining Order Appeal
If you feel that a restraining order has been taken out on you without justification, you can appeal the court’s decision. You have a better chance of winning the appeal if you have a lawyer file it for you, although you are allowed to file it yourself. On the appeal, you will be required to explain your reasoning for it.
Contact Us for a Free Consultation
Your protection and safety is important which is why our San Diego lawyers at Joseph C. Crudo, PLC can help you with all of your restraining order needs. Contact us today for a free consultation by calling 858-622-7280.