Under California state law, taking out a restraining order against a former spouse, boyfriend / girlfriend, or family member is a relatively easy and straightforward process. Typically, when a person is in fear for their immediate safety, they can request a restraining order by filling out an affidavit at the local courthouse. A temporary restraining order will be issued and a hearing set to determine if the order should be extended.
Livermore Domestic Violence Attorney
At the Law Offices of John A. Guthrie, we represent clients in Pleasanton and the surrounding area who are in need of a restraining or protection order, as well as those who suddenly find themselves facing either. Since evidence and eye-witness testimony can be introduced at the second hearing, it is especially important to have a lawyer present who can defend your interests, protect your rights, and explain the options available to you.
Be prepared with the information and evidence needed — contact the restraining order lawyers at the Law Offices of John A. Guthrie today. We provide free, confidential consultations in order to evaluate your case and explain how we can help you.
Can Taking Out A Restraining Order Really Reduce A Threat?
While a restraining order may not be hundred percent effective in providing total protection, it notifies law enforcement and the court of your situation and requires the person against whom the order is issued to comply with the following:
- Vacate an apartment or house if shared with the person feeling threatened
- Avoid all contact with the person, their children, relatives, and specified others
- Comply with federal law prohibiting ownership of a gun
- Continue payment of child support and spousal maintenance if applicable
- Visitation or custody of children may be denied or modified in cases involving a threat of abduction or abuse
Should a restraining or protection order be violated, the authorities can immediately arrest and detain the person threatening you. Additionally, violating a restraining order can result in criminal charges, jail, fines, a permanent criminal record, and monitoring by the court. While a restraining order may not ultimately prevent violence, they have the advantage of involving law enforcement early on, making it more difficult for someone to harm you.
Facing A Restraining Order
Due to the relative ease with which a restraining can be obtained, it's not unusual for an angry ex-spouse, boyfriend / girlfriend, or family member to use one to make someone's life difficult. Since they are issued without prior notice, they can cause substantial disruption to your life. Not only may you be unaware when one is issued against you, once it is in effect you can be arrested if you are alleged to have violated the restraining order. As a result, a restraining order has the potential to turn into a serious criminal charge and create further legal problems — especially when child custody or visitation is involved.
Our attorneys take pre-emptive action in cases where a restraining order is clearly being used to complicate our client's life and leverage certain issues in a divorce or family law dispute. Working with investigators, we look into the background of your accuser, detailing ulterior motives, drug or alcohol abuse, and psychological problems that often play a role in allegations of domestic abuse, violence, and restraining orders.
Need Additional Information? Contact The Law Offices Of John A. Guthrie
If you are unsure what to do because you are under the threat of violence or are facing a restraining order, call us in Pleasanton at 925-271-4342 or send us an email. Involving an attorney in the early stages is essential for building your case and ensuring your rights are protected.