If you are thinking about filing for a restraining order or have been notified that a protection order has been filed against you, you probably have a lot of questions and may be feeling unsure of what should be done next. The Hurwitz Law Firm assists clients with a variety of legal matters in Long Beach, including filing and responding to restraining orders. You can contact our legal team at 323-310-9677. Here are some answers to common questions we get about restraining orders in California.
A restraining order is a court order issued by a judge in order to protect an alleged victim from another individual who they believe poses an imminent threat to their safety and well-being. The terms of the restraining order may vary but typically contain restrictions requiring the restrained individual to stay away from the victim and cease all forms of communication.
That often means the restrained individual must move out of their home if they live together with the protected person and are not allowed to engage in behaviors such as stalking, harassing, abusing, or threatening the protected party in any way. Some restraining orders can extend protection to the victim's children and close relatives, while other types of restraining orders may be limited to a certain location (such as the victim's place of employment).
In California, stalking is a criminal offense. The California Penal Code defines stalking as following, threatening, or harassing another person to such an extent that the victim fears for their life and safety. More specifically, a person who "willfully, maliciously, and repeatedly follows or harasses another person and makes a credible threat with the intent to place them in reasonable fear for their safety, or the safety of their immediate family" can be found guilty of the crime of stalking. Stalking can be a common occurrence in family law cases, especially during difficult divorce battles and child custody disputes.
If an individual has enough reasons to believe they are being targeted by a stalker, they may seek protection from the court by filing a restraining order against the suspected stalker. The restraining order may prohibit the stalker from following the victim, coming within a certain distance of the victim, or even making any sort of contact with the protected person, including in-person meetings and phone calls, text messages, or social media interactions (including cyberstalking).
Domestic violence cases where the victim and the alleged abuser have children together can become quite emotional and complex, especially when the alleged abuser has an active restraining order issued against them. In California, a domestic violence restraining order can affect the outcome of a child custody case, as the courts have certain limitations when making custody decisions when a parent has a history of domestic violence.
The courts may classify a family law case as domestic violence if one of the parents has been convicted of any acts of domestic violence against the other parent within the past five years. This is important because the courts will not give custody of a child to a parent who committed the acts of domestic violence. The judge may also count an active restraining order as a domestic violence act if the restraining order has been issued for one or more years in the previous five-year period.
In other words, if you have an active restraining order issued against you, you will likely not be granted sole custody or joint legal custody of your children. You may still be able to be awarded visitation or parenting time, but your ability to make legal decisions on behalf of your children may be very limited. If you currently have a restraining order against you, you may want to speak to an attorney to learn whether you may be able to fight it and prevent it from affecting your child custody case.
It is not unusual for a domestic violence case to arise out of an emotionally charged situation where you may not even believe you did anything that remotely constitutes abusive behavior, but the other person may see it differently. When emotions run high, things can quickly escalate, especially when law enforcement gets involved. It doesn't take much for an arrest to be made and for an emergency protective order to be filed.
If you believe you may be accused of domestic violence or have had temporary restraining orders issued against you, it is in your best interest to contact an experienced restraining order lawyer as soon as possible. You may only have a limited window of time to fight your charges or dispute a restraining order, and it will likely be up to you to convince the court that the restraining order is not necessary or that it will cause you undue hardship. By contacting a restraining order attorney, you can get help to build a strong case in your favor and avoid all the headaches that may come from a restraining order.
The Hurwitz Law Group serves clients in Long Beach and surrounding areas and can assist you with all aspects of filing for a restraining order or defending yourself against one. If you need legal assistance or simply have questions, reach out to our law firm by calling 323-310-9677 and requesting an initial consultation to discuss your case.
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