San Mateo DUI, Criminal Defense LawyerRoss Green has the knowledge and experience required for your restraining order issue. Ross Green has experience as both a Deputy District Attorney and a Criminal Defense Attorney. Therefore, contact The Law Offices of Ross Green for a Free Consultation.
What Is a Restraining Order and How Does a Restraining Order Work
If you have suffered harassment or stalking, a stay-away order can protect you and your loved ones. In short, these orders can prevent a wrongdoer from coming within 100 yards of you. Additionally, restraining orders can provide protection to your home, your car, and your family members. Protective orders are commonly referred to as no contact or no harassment orders. If you want to know how to get a restraining order, or how to file a restraining order, The Law Offices of Ross Green can help you navigate through the legal process.
On the other hand, if someone has sought a no-contact order against you, it is important to assert your rights, as a protective order can turn innocent conduct into a crime resulting in jail. Additionally, a restraining order can terminate your right to own a gun.
Protective Order Vs. Restraining Order
These orders are often called protective orders or stay-away orders. In short, these are the same court document but by different names.
Restraining order requirements as defined by Code of Civil Procedure 527.6, include “course of conduct or a series of acts over a period of time, however short, evidencing a continuity of purpose, including following or stalking an individual, making harassing telephone calls to an individual, or sending harassing correspondence to an individual by any means, including, but not limited to, the use of public or private mails, interoffice mail, facsimile, or email. Constitutionally protected activity is not included within the meaning of “course of conduct.”
A civil restraining order can last up to three years.
Restraining Order Violation
Although a protective order is typically a civil document, a violation of a restraining order is normally charged as a misdemeanor, Penal Code Section 166 or Penal Code Section 273.6, but can be a felony in a few situations. Either way, violating a restraining order can result in jail time, fines, and probation.
Potential Penalties for Violating a Restraining Order
- Misdemeanor Jail Time (Up to 1 Year)
- Felony Jail Time (Up to 3 Years)
- Fines
- Informal/ Formal Probation (Up to 3 Years)
- Permanent Criminal Record
- Ban from Possessing Firearms
Common Defenses to Restraining Order Violations
- Improper Service of Order
- Lack of Knowledge of Order
- Accident
- False Statements to Police by Accuser
- Voluntary Intoxication
Criminal Defense Attorney
Schedule Free Consultation
In short, for a restraining order attorney near you, Contact the Law Offices of Ross Green for a Free Consultation. Ross Green has over a decade of experience related to stay away orders. Ross Green will explore all possible options and your rights clearly explained.
Again, you need a civl restraining order lawyer that will work with you personally and a lawyer with a strong presence in the courtroom. Ross Green is one of the premier restraining order lawyers in San Mateo County California (CA), Redwood City 94063, San Francisco 94101, and the surrounding areas.
Court Issued Stay Away Order
