California Restraining Order Attorney for Marin County
San Rafael Protective Order Lawyer – Experience You Can Trust
Restraining and protective orders are court orders prohibiting somebody from having any contact (or having violent contact) with another person, or from visiting a certain location. Restraining Orders are most often issued in domestic violence cases, but can be issued before a person has been tried or convicted on those charges. The impact of having a restraining or protective order placed against you can be devastating. A restraining or protective order can prevent you from returning to your home and family, maintaining or obtaining certain employment, and volunteering at your children’s school or activities. Having a restraining or protective order against you also leaves you vulnerable to arrest if the protected person claims you violated the terms and conditions of the order.
As a former Marin County Deputy District Attorney with extensive experience on both sides of domestic violence cases I am very familiar with all types of restraining and protective orders. As your attorney I can have contact with the protected person and I will act quickly to dissolve or modify any order entered against you.
Emergency Protective Order (EPO)
An Emergency Protective Order can be quickly obtained from local law enforcement and is typically sought by a police officer investigating a domestic violence call. Once issued by the on-call judge, an EPO goes into effect immediately and is valid for up to seven days. As your attorney, I will fight to dissolve the Emergency Protective Order the first time we see the judge and try to keep a Temporary Restraining Order from being issued in its place.
Temporary Restraining Order (TRO)
The prosecution may request, and the judge may enter, a Temporary Restraining Order at the first court appearance. A TRO remains in place at least until the next court date. By acting quickly to investigate our case during that time, we can fight to keep a Permanent Restraining Order from being entered.
Permanent Restraining Order (PRO)
A Permanent Restraining Order can only be entered after a hearing is held where we have been given notice as to the place and time of the hearing. At the hearing, we can present arguments and evidence against the entry of a PRO against you. If the judge at the hearing enters the Permanent Restraining Order, it can be valid for up to five years.
During the time that the restraining order is in place you will be ordered to surrender any weapons you have to the court. In addition, you need to remember that a restraining order will limit your freedom of movement and would often make it it difficult for you to go to work or visit friends, if to do so would require you to go into an area where you have been legally restricted from going.
Penalties for Violating a Protective or Restraining Order are Severe
If the prosecutor proves that you intentionally and knowingly violated a protective or restraining order, it is a misdemeanor that carries a fine of up to $1,000, could lead to a year in jail, or both. If someone was hurt during the violation of an order, the fines double and a minimum jail sentence of 48 hours applies. In addition, if you’re out on bail or are on probation, violating a restraining or protective order will almost surely result in you being taken back into custody. Don’t risk your freedom to move about by ignoring restraining and protective orders.
Consult with a Knowledgeable California Protective & Restraining Order Attorney
My familiarity with the Marin County judicial system allows me to aggressively and efficiently represent you in dealing with restraining and protective orders. Oftentimes quick action can limit the prohibitions contained in the orders or prevent them from being entered altogether.
Call your experienced San Rafael restraining & protective order lawyer at 415-578-7374 or e-mail me today for a free initial consultation.