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Everything You Need to Know About Restraining Orders in San Diego

obey protective orders kersey law

Domestic violence restraining orders, emergency protective orders, and criminal protective orders—what are they? How do they work? And most importantly, what can you do if one is issued against you? Let’s dive into it!

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Domestic Violence Restraining Orders: Your Quick Guide

If you’ve been accused of abuse—whether physical or emotional—in San Diego, you might find yourself facing a Domestic Violence Restraining Order (DVRO). But don’t panic! Here’s the lowdown:

  • Who Can File? Anyone who feels threatened by a partner, spouse, family member, or roommate. Yes, even your brother could file one!
  • What Happens Next? After filing, a temporary order is usually issued within 24 hours. Then, you’ll receive paperwork, giving you a chance to respond. Just because it’s requested doesn’t mean it’s permanent.
  • The Court Date: Get ready for your day in court. This is where both sides can present their case, and a judge decides if the order should stick around.

Emergency Protective Orders: The Quick Fix

Imagine the police show up at your door after an argument. They might issue an Emergency Protective Order (EPO) to keep things calm until a judge takes over.

  • Duration: These orders are temporary—usually lasting about a week—giving everyone a breather until the legal process kicks in.

Criminal Protective Orders: The Big Guns

If things escalate to criminal charges, the court might slap you with a Criminal Protective Order (CPO). Here’s how it works:

  • Arraignment Drama: During your first court appearance, the judge might issue a CPO if they think it’s necessary to protect the victim or witnesses.
  • Why It’s Serious: This isn’t just a slap on the wrist. Violating a CPO could land you in hot water—think misdemeanor charges for each violation.

What You Can’t Do: Understanding the Restrictions

So, what’s off-limits if you’re under a restraining order? Here’s what you need to know:

  • No Contact: This means no texting, calling, emailing, or sliding into their DMs. Seriously, don’t do it.
  • Keep Your Distance: Stay 50-100 yards away from the person. Yes, even if they show up at your favorite burger joint.
  • Stay Smart: Violating these orders isn’t worth it. Each violation could lead to new criminal charges.

What If They Want to Lift the Order?

Sometimes, the person who filed the order decides they don’t want it anymore. What happens then?

  • Speak Up: They can tell the court they feel safe and want to lift the order. But fair warning—sometimes, the judge keeps it anyway.
  • Prove You’ve Changed: To help your case, show you’ve made positive changes. Think anger management, therapy, or sobriety programs.

How to Stay Out of Trouble

Navigating life under a restraining order can be tough. But you can make it work:

  • Follow the Rules: No matter how tempting, don’t violate the order. It’s not worth the risk of extra charges.
  • Show You’re Serious: Demonstrate to the court that you’re committed to change. This could open the door to modifying or lifting the order in the future.

Final Thoughts: Stay Safe and Stay Informed

Remember, restraining orders are serious business. They’re designed to protect everyone involved. So, whether you’re the one who filed or the one who received the order, understanding your rights and responsibilities is crucial.

If you’re dealing with a restraining order in San Diego, don’t go it alone. Get legal advice, stay informed, and make smart choices.

Picture of Meet Jamahl Kersey

Meet Jamahl Kersey

Jamahl Kersey is a distinguished criminal defense attorney and the principal attorney at Kersey Law, a boutique law firm in San Diego. With a focus on criminal defense, Jamahl has built a reputation for his unwavering dedication to protecting his clients' rights and securing favorable outcomes in complex cases. Known for his strategic approach and thorough understanding of the law, he has successfully defended clients against various charges, including sex crimes and other serious offenses.

Beyond his legal practice, Jamahl is committed to supporting his community and providing educational resources to help individuals understand their legal rights. He regularly engages in discussions about criminal justice reform and is passionate about empowering young people to navigate potential legal challenges. Jamahl's dedication to his clients and community has established him as a trusted advocate and leader in the San Diego legal community.

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    At Kersey Law, we go above and beyond to provide a strategic, personalized defense tailored to your specific situation. Our attorneys take the time to fully understand your case and work tirelessly to develop a strategy that aligns with your goals. We’re relentless in our pursuit of the best possible outcomes and leave no stone unturned in defending your rights and future. When you hire us, you can rest assured that your case is in the hands of a legal team committed to delivering excellence.

When everything is on the line, you need a legal team that will protect your future, fight tirelessly for the best outcome, and be by your side at every step.

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We all know that going to court can be very stressful. In my particular case I was arrested on a felony and misdemeanor charge. I mention this because this was the first time I ever had to call around trying to find the right lawyer and was unaware of how expensive attorneys can be, which only added on to my worries.Nonetheless, I called law firm after law firm and felt as if most just wanted to know my charges so that they could hurry and give me a quote. When I got into contact with Mr Kersey, it was a completely different experience, I felt he truly cared about me and understood my worries about possible conviction and my financial worries aswell. He reassured me multiple times on our first call that he would be able to defend me in court (which at the time I really needed to hear) , his confidence, understanding, and willingness to go out of his way to help me find a way to pay for representation sealed my choice with picking Kersey Law to represent me in court. The results, I had all charges, both felony’s and misdemeanors dismissed. The experience of having Kersey Law on my side was one of the best choices I have ever made as they always kept me up to date with everything and anything I needed to know before each court date in a timely fashion. Whenever I had any questions or felt nervous after or before a court hearing, I would reach out to Kersey law and they always made sure that all my questions and worries were addressed. They will communicate with you throughout the entire court process, you will not feel alone and you can rest assured that the people that are representing you in court are truly fighting for you, care about you and have your best interests in mind. With Kersey law you don’t have to go through this challenging process alone and will have someone on your side who can get the job done, like I mentioned prior, with their representation I had all my charges dismissed. This law firm is the right option as they will be there for you from start to end. I will forever be thankful for all of the team at Kersey law!
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Best Attorney Experience Jamahl was my first criminal lawyer — and I hope to God my last. What you see is what you get with him. Not only is he an attorney, but he’s also a YouTuber, so you can actually check out his channel and see for yourself how knowledgeable he really is. During the most difficult time of my life, Jamahl was there to tell it like it is. Between court dates, he didn’t waste time with unnecessary calls or meetings, but whenever I had a question, he answered right away. I trusted him to do his job, gave him whatever information he asked for, and it worked out perfectly. He really listened to where I was coming from and understood my case details. Another thing I appreciated was his firm’s pricing — straightforward, clear, and with no hidden fees. At the same time, I had been paying another attorney who charged me for “case review meetings” every month without providing documentation or results. I felt completely taken advantage of. Now I know why that firm is called “The Moore Group” — more money, more frustration, and no results. In the end, thanks to Jamahl and his team, I went from facing two misdemeanors to only having to complete seven anger management classes — and then it will all be dismissed. That’s an incredible outcome, and I couldn’t be more grateful. I wish Mr. Kersey and his family all the best. Thank you to him and everyone who helped make this happen. Don’t forget to check out his channel: 👉 Jamahl Kersey YouTube
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