California Restraining Orders – Getting them, Defending against them
You Need an Attorney With Specialized Knowledge in Restraining orders
RESTRAINING ORDERS CAN HAVE EXTREMELY SERIOUS CONSEQUENCES – LOSS OF JOBS, FUTURE EMPLOYMENT OR SCHOOL ADMISSIONS. MOST IMPORTANTLY, A VIOLATION OF A RESTRAINING ORDER IS A CRIME, PUNISHABLE BY JAIL TIME!
Restraining order law is not simple. There are many details that only an expert in the field like Restraining order lawyer William Daley, who has handled hundreds of these cases, knows. Trying to handle this type of case on your own is like practicing surgery on yourself!
TYPES OF RESTRAINING ORDERS
Domestic Violence Restraining Orders are designed to protect persons that have been involved in abusive dating, marriage or cohabitation relationships. They are available when there has been actual or threatened physical violence, harmful conduct or serious harassment. The party asking for a domestic violence restraining order need only prove their case by a so-called “preponderance of the evidence”, i.e. a 51% to 49% standard.
Workplace Violence Restraining Orders can be obtained by an employee, or an employer on behalf of an employee, where this has been actual violence, or a creditable threat of violence in the workplace.
Civil Harassment Restraining Orders are meant for parties that are not in the intimate relationships applicable to Domestic Violence Restraining Orders. Often these would be classmates or neighbors. “Harassment” means a credible threat of violence, actual violence or a course of conduct that seriously annoys alarms or harasses a person, and serves no legitimate purpose.
ARE THE ABOVE RESTRAINING ORDERS CRIMINAL CHARGES?
NO. They are civil orders and are not criminal in and of themselves. However, should the restrained party violate the order, the violation of the restraining order can be charged as a misdemeanor, with the possibility of imprisonment in jail for up to one year. Alternatively, a violation of a restraining order can be charged as a “contempt of court” which also carries the possibility of jail time.
DOES A RESTRAINING ORDER SHOW UP IN A RECORD CHECK?
Yes, in most situations. Most restraining orders are “CLETS Orders”. This means they are entered into the California criminal database, known as CLETS, “California Law Enforcement Telecommunications System”, often called a “rap sheet”. All police departments have access to these records and use them in enforcing restraining orders. These CLETS orders can create serious problems when looking for work, applying to admission to school, or trying to obtain a state license. A Restraining Order Lawyer is often able to avoid the entry of a CLETS order when he represents a client by negotiating with the complaining party.
WHAT IS A “TEMPORARY RESTRAINING ORDER”?
A “Temporary Restraining Order” is often issued by the court prior to a full hearing on a restraining order case, in order to keep the parties apart until a full hearing is held. Even if an allegation of serious physical abuse or harassment is made by a party, the court does not have the time to hold an immediate hearing and will, if the proper paperwork is filed, issue the temporary restraining order to keep the “status quo” and the parties apart, until a full hearing is held. At the full hearing the court will determine what the facts are; who is telling the truth, and decide if the temporary restraining order should be made permanent. If the court decides there has been abuse or harassment, it can issue a “Permanent Restraining Order” for between 3 and 5 years, depending on the circumstances. If the court does not believe there has been abuse or harassment, it will dissolve the temporary restraining order and the case is dismissed.
WHY SHOULD I RETAIN WILLIAM DALEY TO OBTAIN OR OPPOSE A RESTRAINING ORDER?
Because William Daley has been handling restraining order cases for over 30 years and has vast experience in this area. These are not simple cases and many parties that try to handle their own case are shocked when they find that they either could not obtain the order, or have had a multi-year order issued against them, ruining, for example, their career. Restraining Order cases must be handled seriously and professionally.
William Daley is not only admitted before all the courts in California, but also the United States District Court for the Central District of California, the United States 9th Circuit Court of Appeal, and the United States Supreme Court.
He offers no cost consultations, and will fully explain the restraining order process. He will complete all paperwork, and present your case in court in the most vigorous manner possible. He will keep you fully informed about the progress of your case and make sure that everything possible is done to insure a successful result.
Call William Daley now to schedule a FREE CONSULTATION at: 619-238-1905.
