Defense for Restraining Orders

Have you received a domestic violence restraining order (DVRO)? You may not understand what is happening or why someone you know has obtained a restraining order against you. What exactly is a domestic violence restraining order and what are the ramifications of violating one? A DVRO is a civil court order that is signed by a judge. A DVRO tells the abuser to stop abusing their victim; otherwise they will face serious criminal consequences. Restraining orders serve to provide legal protection from domestic violence for both female and male domestic violence victims. If a restraining order has been issued against you, it is vital that you speak with a Ventura criminal defense attorney immediately.

Defining Domestic Violence

Domestic violence refers to violence amongst spouses, parents and children, family members, boyfriends and girlfriends or someone who you have a child in common with. Domestic violence can include attempts at violence, threats, actual physical violence, sexual assault, stalking, and destruction of personal property, child abuse and other acts which involve threats, force or violence.

There are three types of restraining orders. The first is called an Emergency Protective Order. A police officer who responds to a domestic violence call can call a judge at any time, day or night and ask that an emergency protective order be issued against you, which will go into effect immediately.

The second type is the Temporary Restraining Order (TRO). This type is issued when the victim goes to court and applies for a restraining order against you. If the court agrees that the victim is in immediate danger, they will issue a TRO until the official court hearing, which is usually within 3 weeks.

Whether or not the court issued a TRO against you, at the official court hearing, a judge can issue a restraining order against you that can last as long as 5 years. This could mean that you could be forced to move out of your home and have no contact with your spouse and your children.

Restraining orders are not minor orders. Failure to comply with a restraining order can land you behind bars. If you have received a restraining order against you, don’t hesitate to contact a Ventura restraining order defense lawyer from the Law Offices of Adam L. Pearlman who can explain your order in terms that you can understand. Additionally, if the restraining order was not based on fact, we may be able to help you get the order lifted.

Contact a Ventura restraining order defense attorney from our firm for a free initial consultation.