What Does a Restraining Order Do?

By: Frances Prizzia | Restraining Order
What does a restraining order do

A restraining order is a court order that protects someone from harm or threats. It limits the restrained person's behavior, such as keeping a distance from the accuser, no contact, or other restrictions. In California, restraining orders are common in cases involving domestic violence, harassment, or threats.

Frances Prizzia Criminal Defense Lawyers helps those facing restraining orders by explaining their rights and options. Understanding the terms of a restraining order is essential, as violating these orders can lead to severe legal consequences. The goal is to balance safety for the protected party while ensuring the restrained person is treated fairly.

Learn more about restraining orders below. Then, contact us to schedule a free case consultation.

Purpose of a Restraining Order

A restraining order aims to protect a person from harm or threats. It sets legal boundaries for the restrained person and can prevent contact, keep distance, and limit certain actions. This can make the life of a defendant exceedingly difficult.

A restraining order is often issued when allegations of domestic violence or harassment are made. By putting legal limits in place, it helps prevent future conflict.

Types of Restraining Orders in California

  • Emergency Protective Order (EPO): This type of order is issued quickly by law enforcement when someone is in immediate danger. It lasts for a few days until a longer order can be arranged.
  • Temporary Restraining Order (TRO): This is issued to temporarily prevent specific actions by an individual until a court hearing can determine further measures.
  • Permanent Restraining Order: This can be issued after a court hearing. The exact duration is based on the court’s opinion.
  • Domestic Violence Protective Order: This is issued in cases involving abuse or threats by a family member or close relation.

Goals of a Restraining Order in Protecting Accusers

The main goal of a restraining order is to reduce the chances of future conflict with the protected person. This can involve stopping all contact, keeping a certain distance, or restricting specific actions by the defendant.

In domestic violence cases, these orders are vital for safety and make clear what behaviors are illegal.

Legal Consequences for Violating a Restraining Order

  • Fines: Breaking a restraining order can lead to a substantial fine, the size of which depends on the nature of the break.
  • Jail time: Violating a court order could lead to jail time, but the punishment depends on how serious the violation is.
  • Probation: Courts may order probation for breaking a restraining order, which involves strict rules and monitoring by the court.

How a Restraining Order Impacts the Restrained Person’s Daily Life

How a restraining order impacts the restrained person's daily life

A restraining order can greatly affect the restrained person’s daily life. They must follow strict rules set by the court, which can mean avoiding places where the accuser is present. It also typically stops the defendant from contacting the protected person through calls, messages, or social media.

In addition, the restrained person may face limits at work, home, or public places. Restraining orders may even affect their relationships with family members.

Familiarizing yourself with these rules is important to avoid breaking the court order, as the effect on daily life can be long-lasting and needs serious attention.

Limits on Freedom of Movement and Required Distancing

A restrained person must keep a set distance from the accuser, which is clearly defined in the court order. If they get too close to the protected person, it counts as a violation.

Prohibition From Certain Locations (Home, Workplace, School)

The restraining order also prevents certain movements. The restrained person cannot go near the protected party’s children, school, or even shared public areas, which can greatly limit daily routines. Courts take these rules seriously. Breaking them can lead to jail, fines, or other serious consequences.

Being banned from important locations can affect daily life. For example, if the restrained person works near the accuser’s job, they may need to change their work route. If their child attends the same school, they may have to follow specific pick-up and drop-off times rules. Courts enforce these rules strictly to ensure safety.

Restrictions on Gun Ownership and Purchases

A restraining order often limits gun ownership or purchases. In many cases, the restrained person must give up any firearms they own and may also be banned from buying new guns. This rule aims to lower the risk of harm and keep everyone safe.

The court usually sets a deadline for turning in guns. Police may collect them, or a restrained person may need to hand them to a specific location. Trying to keep a gun after this rule is a serious violation, which can lead to more charges, jail time, or large fines. 

Following the order is essential to avoid any new legal issues. If the restrained person violates the order, it could lead to major legal ramifications.

How a Restraining Order Is Enforced

When a restraining order is issued, the restrained person must follow it. Law enforcement agencies play a big role in ensuring this. If a person breaks the rules of a restraining order, police can be called. They will step in to handle the situation quickly.

The goal is to protect the person covered by the order. Breaking the rules can lead to serious punishment, including jail time or fines. The court and police work together to ensure the restrained person follows all rules.

Ignoring a court order can result in new charges or more strict limits on the restrained person’s freedom.

Law Enforcement’s Role in Monitoring Compliance

Police ensure the restrained person follows the rules of a restraining order. They watch for any contact with the accuser, including physical presence, calls, messages, or even social media contact. If any rules are broken, police take quick action.

Sometimes, police may check in with the restrained person to make sure they know and follow the rules. If the restrained person breaks the order, police can arrest them. This may lead to court hearings and possible jail time. Law enforcement aims to protect everyone involved and ensure safety by keeping watch.

Penalties for Violating a Restraining Order (Fines, Jail Time)

Breaking a restraining order can lead to serious penalties. The court may issue fines to the person who breaks the rules. These fines can be large and add up quickly. The purpose is to show that breaking the order has real consequences.

In many cases, jail time is also a possibility. The length of jail time depends on the severity of the violation. Even small rule breaks can lead to arrest. Courts do not take violations lightly.

Other penalties may include probation or more restrictions, which makes life even harder for the restrained person. Violating a court order can bring new legal problems and worsen the situation.

How a Criminal Defense Lawyer Can Help With Restraining Orders

How criminal defense lawyer can help with restraining orders

A criminal defense lawyer can help if you are facing a restraining order. They know the consequence of a temporary order on your life.

A person seeking a restraining order may claim issues like harassment or sexual assault. We believe in innocent until proven guilty, and we understand the burden a restraining order can have on your life.

We will review the evidence and provide you with the legal guidance you need to protect your rights and prove your innocence. We want to fight for the most favorable outcome we can secure for your case.

In urgent cases, courts may issue an ex parte order. An ex parte order is made without your presence. Your lawyer can challenge this by showing your side of the story. A defense lawyer can help you follow the rules of any restraining order. They can also work to reduce restrictions if possible.

If you believe the order is unfair, your lawyer can take steps to fight it in court. Give us a call today to review your options, and let us help you form the strongest possible defense. We always put the needs of our clients first.

Contact Our Orange County Restraining Order Lawyer for a Free Case Review

Contact our Orange County restraining order lawyer for a free case review

Facing a restraining order can feel overwhelming. Temporary restraining orders, emergency protective orders, and other court measures can greatly affect your life.

You may need to go to criminal court to defend yourself. These orders can impact where you live, who you contact, and even issues like child support.

At Frances Prizzia Criminal Defense Lawyers, we understand these challenges. Our team listens to your side and provides a strong defense. We work to protect your rights and find solutions that help you move forward.

A legal case does not need to be faced alone. With our help, you will know what to expect every step of the way.

Contact us for a free case review today. We are ready to stand by your side and offer the guidance you need.

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