A Restraining Order Can Offer Peace Of Mind
Under California state law, taking out a restraining order against a former spouse, significant other, partner, or family member is a relatively easy. 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.
At the Law Offices of John A. Guthrie, we represent clients affected by domestic violence across Alameda County from our offices in Pleasanton and Danville. If you need a restraining or protection order or are suddenly finding yourself the subject of one of these orders, speak with one of our restraining order attorneys.
Since evidence and eyewitness 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.
Can Taking Out A Restraining Order Really Reduce A Threat?
While a restraining order may not be 100 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. 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.
When Restraining Orders Are Used As Weapons
Our attorneys take pre-emptive action in cases where an order of protection is clearly being used to complicate our client’s life and leverage certain issues in a highly contested divorce case. 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.
Get More Information
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 at the earliest stage to ensure your rights are protected.