Permanent Restraining Orders
If you are in a position where you are seeking or defending a permanent restraining order against someone, it is imperative to reach out to a skilled San Diego attorney who can help you understand your options. The process of obtaining a permanent restraining can be complex and having the right attorney on your side can be extremely beneficial. With almost 30 years of experience, you can rest assured that San Diego domestic violence attorney Roseline Feral understands the nuances of this area of law and can put that knowledge to use in your case.Understanding Permanent Restraining Orders
A restraining order is a court order designed to protect a specific individual from being physically abused, sexually abused, stalked, harassed, approached or even contacted. Upon an initial allegation of abuse, the court often issues a temporary restraining order (TRO). A TRO can be obtained ex-parte (without notifying the other party) in cases where there is reasonable proof that there has been harassment in the immediate past. Once the TRO is issued, the court will typically order a hearing within 21 days to hear from both parties involved and determine whether a permanent order is necessary. The TRO remains in effect until the date of the hearing.
At the hearing, the court may decide that a permanent restraining order (PRO) is not necessary. In such an instance, the TRO will be dissolved and the matter will be terminated. On the other hand, if a court hears both sides and determines by “clear and convincing” evidence that unlawful harassment exists and would likely continue in the future, the TRO can be converted to a PRO. You should know that “clear and convincing” is a relatively high standard or proof. It requires the plaintiff to prove that a particular far is substantially more likely than not to be true.
A PRO can last up to five years. However, if there is no termination date on the order, the order will last three years from the date that it was issued. Of course, the order can be issued for shorter than three years as well based on the judge’s discretion. During the last three months of the PRO, the protected individual can ask the court to renew the order.
Intentionally and knowingly violating a PRO is a serious criminal offense, which can subject an individual to arrest for misdemeanor Contempt of Court and can result in a number of penalties including jail time, fines, anger management classes and mandatory counseling.Discuss Your Situation With a San Diego Domestic Violence Lawyer
Permanent restraining orders are not a legal subject to be taken lightly. If you are seeking or defending against a permanent restraining order, a San Diego attorney experienced in domestic violence matters can help. We are dedicated to protecting your rights to the maximum extent possible. Please note that we take on clients from Chula Vista, Coronado, Del Mar, Carlsbad, Encinitas, La Jolla, Oceanside, Escondido, Ramona, Rancho Santa Fe, San Marcos, Valley Center, and Vista. To discuss your case in detail, please email us or call our office at 619-232-1010. You may also call Attorney Feral directly at 619-301-1191. We also handle other types of criminal defense, including DUI, drug crimes, and theft crimes.