Unwanted Restraining Orders

When the police make a domestic violence arrest, they will often ask the person not being arrested if he or she wants an emergency protective order (EPO). That order is usually only good for 5 days.

Even if an emergency protective order is declined, the court will usually try to impose a temporary restraining order (TRO) at your arraignment. This TRO can be imposed even if your loved one is insisting that that he or she does not want the restraining order in place. The court can override a protected party’s will and insist that parties have no contact. Further, they can require the protected party or alleged victim attend a ten-week personal empowerment program (“PEP”) before lifting or modifying the restraining order.

If you are subject to a restraining order, you cannot have any contact with the listed person, even if that person contacts you. A violation of the restraining order could subject you to immediate incarceration, additional prosecution, and revocation of your bail bond or own-recognizance (“OR”) status. If you are not a citizen, it could have the consequence of deportation or inadmissibility. Finally, if you are or expect to be going through a divorce or child custody dispute, a family law judge could treat you more critically and impose penalties if the California law is currently unsettled as to the legality of pre-conviction restraining orders, imposed against a protected party or victim’s will.  Appellate courts have recently upheld challenges to this procedure and Ms. Sena has been successful in getting judges and prosecutors to agree to “no-violent contact orders” or orders which allow parties to have peaceful contact while a case proceeds.

If a restraining order has been issued against your loved one’s will or you fear that a restraining order may be imposed, it is crucial that a record be established from the earliest possible stage in the court proceeding. Contact the Law Offices of Staycie R. Sena today for more information.

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Wanted Restraining Orders

If you are in need of protection and are seeking a restraining order, a judge will generally want to see that there has been at least one incident of either violence or harassment before issuing an order.  If you and the person you are seeking the order against have never been in a dating or familial relationship, then you will pursue either a civil harassment or workplace restraining order.  Judges require lengthy paperwork and a court hearing before they will any sort or restraining order, but once a restraining order is granted, a person will be arrested for violating that restraining order, should he or she try to contact you in any way, even indirectly or through someone else.

If you are in need of protection and want to file a restraining order, call the Law Offices of Staycie R. Sena now.

The length of emergency protective orders vary. You should carefully examine your paperwork to determine when it expires. Any contact with the protected person before that expiration date could result in additional prosecution.