Navigating a Restraining Order During a Domestic Violence Case
Facing a domestic violence charge is already overwhelming, and receiving a restraining order can add another layer of complexity to your case. A restraining order can affect your ability to see loved ones, return home, or carry on with your normal life. But don’t panic—there are ways to handle a restraining order while protecting your rights. At Kersey Law, we specialize in defending clients in domestic violence cases, including navigating the challenges that come with restraining orders. In this guide, we’ll explain how to handle a restraining order, comply with its terms, and build a strong defense in your domestic violence case.
What Is a Restraining Order and Why Is It Issued in Domestic Violence Cases?
Understanding the Purpose of a Restraining Order
A restraining order is a legal directive issued by the court to protect an alleged victim from harm. In domestic violence cases, restraining orders are commonly issued to prevent further abuse or contact between the parties involved.
The Different Types of Restraining Orders
In California, there are several types of restraining orders:
- Emergency Protective Orders (EPO): Issued by law enforcement, usually at the time of the arrest, lasting for 5-7 days.
- Temporary Restraining Orders (TRO): Issued by the court for up to 20-25 days, typically until a hearing can be held.
- Permanent Restraining Orders: Can last up to 5 years if issued after a court hearing.
- Criminal Protective Orders (CPO): Issued during a criminal case and usually remains in place until the case concludes.
Immediate Steps to Take After Receiving a Restraining Order
Comply with the Order Immediately
Upon receiving a restraining order, it is critical to comply with its terms immediately. Failure to follow the order can result in additional criminal charges and seriously damage your defense. The order may restrict your movements, prevent contact with certain individuals, or require you to vacate shared premises.
Review the Order with Your Attorney
Carefully review the restraining order with your attorney. They will help you understand what is required of you and how best to comply while still building a strong defense in your case. Violating any terms, even unintentionally, can lead to severe consequences.
How a Restraining Order Affects Your Domestic Violence Case
Limited Communication and Contact
One of the primary challenges of a restraining order is the restriction on communication and contact with the alleged victim. This can impact family dynamics, living arrangements, and child custody matters. However, it’s essential to follow these restrictions strictly to avoid additional penalties.
Impact on Child Custody and Visitation
If you have children with the alleged victim, the restraining order may affect your ability to see your children. Courts often grant supervised visitation in domestic violence cases, but each situation is unique. Discuss your options with your attorney to understand how to protect your parental rights.
Defending Against the Restraining Order in Court
Requesting a Hearing
You have the right to challenge a restraining order in court. At the hearing, both sides will present evidence, and you’ll have the opportunity to defend yourself against the allegations. This is where a skilled attorney can help you argue that the restraining order is unnecessary or unjust.
Presenting Evidence to Challenge the Order
Your attorney will help you gather evidence, such as text messages, emails, witness statements, or any other documentation that disproves the claims made by the alleged victim. Character witnesses or evidence of false allegations can be powerful in challenging the restraining order.
Navigating Restraining Orders During the Pre-Trial Process
Preparing for the Restraining Order Hearing
Before the hearing, your attorney will work with you to gather all necessary documents and prepare you to testify. The goal is to show the court that the restraining order is not necessary or based on exaggerated or false claims.
Negotiating with the Prosecution
In some cases, your attorney can negotiate with the prosecutor to modify or dismiss the restraining order if the allegations are found to be unsubstantiated. While negotiating, it’s crucial to demonstrate your willingness to comply with the law and ensure no further incidents occur.
Compliance and Staying Within the Law While the Order Is in Place
Avoiding Unintentional Violations
Even accidental violations of a restraining order can result in serious legal consequences. Avoid any contact with the alleged victim, even indirect contact through third parties, social media, or mutual friends.
Documenting Every Interaction
If you must interact with the alleged victim (e.g., exchanging children for visitation), ensure that you document every interaction thoroughly. This documentation can serve as evidence if the alleged victim claims you violated the restraining order.
Modifying or Lifting a Restraining Order
When Can You Request a Modification?
If the restraining order is significantly affecting your ability to carry out normal life activities or see your children, you may request a modification of the order. Your attorney can help argue for adjustments based on changing circumstances or new evidence.
How to Get a Restraining Order Lifted
In some cases, it may be possible to have the restraining order lifted entirely. If the alleged victim retracts their statements or if you are able to prove that the allegations were false, the court may dismiss the restraining order.
Protect Yourself by Handling Restraining Orders Properly
A restraining order can complicate an already stressful situation, but with the right legal strategy, you can comply with its terms while building a solid defense in your domestic violence case. At Kersey Law, we’re committed to helping you navigate the complexities of a restraining order and protect your rights throughout the process. Contact us today for a confidential consultation, and let us help you handle your case effectively.
