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Know and Protect Your Rights in a Criminal Defense Matter



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Know and Protect Your Rights in a Criminal Defense Matter





Dublin Restraining Order Lawyer

If the restricted individual has any contact with the protected person, he or she would then violate the court order, meaning they could be held in contempt and potentially face a misdemeanor or more serious charge depending on the nature of the contact. He or she could face other criminal charges as well if the behavior that the restrained party engaged in is considered a separate criminal act, such as assault.

Navigating the court system can be difficult without skilled assistance from an experienced attorney. To discuss the legal options available in your situation, get in touch with a Dublin restraining order lawyer.

What is a Restraining Order?

In California, a restraining order is a court order that prohibits the restrained person from engaging in a certain activity. Typically, this activity is having any contact with—or having other people on their behalf have contact with—what is known as the “protected party,” which is the person who has sought the restraining order. Different prohibitions can be spelled out in a restraining order depending on the circumstances.

A restraining order may or may not allow some form of contact with the protected party, and it might specifically prohibit attacking, striking, stalking, threatening, calling, destroying personal property, contacting either directly or indirectly, or disturbing the peace of the protected party or of other family or household members of that protected person. If the court sets a specified distance that the party has to stay away, Dublin restraining order attorneys generally see that as covering a very broad scope of conduct that essentially forbids any contact, interaction, or engagement with the person who is protected.

Restraining Orders Compared to Other Civil Protection Orders

Often in Dublin, the terms “civil protection order” and “restraining order” are used interchangeably. If there is some sort of incident that the police respond to, they typically issue an emergency protective order, but that is just another name for a short-term emergency restraining order that is protecting a party.

If he or she goes to court themselves and get a restraining order, the court would often issue a temporary restraining order in advance of the actual hearing where both parties would get to tell the judge their side. Accomplished attorneys may call that a restraining order, but there is effectively no difference between that and an emergency protective order except duration —it is just different language that restraining order lawyers use to describe these things in Dublin. Emergency protective orders expire after 7 calendar days or 5 business days whichever is shorter while temporary restraining orders stay in effect until modified by the court or a hearing takes places on the restraining order matter.

If the judge decides it is important to have a restraining order after a full hearing, he or she will make a long-term order. There are several subtypes of protective orders and restraining orders, like civil harassment restraining orders, elder or dependent adult abuse restraining orders, workplace violence restraining orders and domestic violence restraining orders.  Most of which can be granted for up to a 5-year period – except workplace violence restraining orders which can be granted for up to 3 years.

A Dublin Restraining Order Attorney Could Provide Assistance

In order to keep you and your family safe from harm, it is important that you take restraining order matters seriously. Whether you are choosing to peruse a restraining order, or you need to defend against one, a Dublin restraining order lawyer could help you understand exactly what the process entails and what the strongest points of your case may be. Call today to set up an initial consultation.

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