Protection Orders - Law Office of Stephen Gassner
A protection order sometimes is also called a restraining order. It is a legal document that protects a person from being stalked, harassed, threatened, or physically or sexually abused. If accused of violating a restraining order, it is essential to get in touch with a skilled criminal defense lawyer immediately. It can be challenging to argue against protection order violation. However, working with a qualified criminal defense attorney can improve your chances of a successful outcome.
At the Law Office of Stephen Gassner, we have supported many victims in their battle for justice. We investigated comprehensively to formulate the most effective defense plan. For a case consultation, get in touch with us right away.
What Circumstances Can Lead to a Protection Order?
Contrary to what most people believe, protection or restraining orders are not just used in cases of domestic violence. They may be necessary for a variety of instances to ensure that the divorce process proceeds smoothly and without harm to either spouse, children, or property, such as the following:
- Threatening to Take the Children
If you are anxious that your spouse will take your children out of your house or the state of California, you can file a temporary restraining order to prevent them from doing so.
- Clearing Joint Bank Accounts
When a divorce is inevitable, some people threaten to withdraw assets from joint bank accounts, leaving the other spouse completely financially dependent.
- Selling off Major Assets
If you are concerned that your spouse will sell common assets, such as a home or a car, a temporary restraining order will prohibit this from happening until the divorce is finalized.
- Taking a Loan with Common Assets
A temporary restraining order, like the one mentioned above, might prevent a spouse from using shared assets like real estate as security for a loan.
- Modifying Insurance Policies
A temporary restraining order can prevent a spouse from canceling house and auto insurance policies, as well as changing the beneficiaries of any life insurance plans until the divorce is finalized.
- Withdrawing Funds From a Retirement Account
Some spouses withdraw assets from a retirement account ahead of time, which can be difficult to restore. This conduct is barred by a temporary restraining order.
If you are concerned that your spouse will engage in any of these behaviors, a temporary restraining order is an excellent option. Neither of you will be able to make the significant adjustments stated above, which will safeguard you both while the divorce is pending.
Levels of Protection for Restraining Orders
It is crucial to comprehend the various levels of protection provided by restraining orders. What you can and cannot do while subject to the court order will depend on the severity of your restraining order. Here are the specifics of each level of restraining order protection:
Emergency Protection Orders
Domestic abuse victims have access to a temporary restraining order known as an Emergency Protective Order (EPO). In an emergency, the responding law enforcement officials issue this restraining order.
The EPO often lasts seven days while the victim’s case is pending. Depending on the evaluation of the matter, the court may issue a permanent or more extended temporary restraining order after lifting the EPO. The emergency protective order’s goal is to give the victim urgent defense against their abuser. The EPO will forbid the abuser from speaking with or approaching the victim.
Temporary Protection Orders
A restraining order that is in effect just temporarily is known as a Temporary Restraining Order (TRO). The typical duration of a TRO is 20 days, though the court may impose a longer or shorter period depending on the circumstances.
A Temporary Restraining Order gives the victim quick defense against their abuser. The abuser will not be allowed to speak to or approach the victim due to the interim protection order. The victim must be in immediate danger before the court date for the court to give a temporary protection order. A judge may also provide a TRO if the victim gets threats before the hearing.
Permanent Protection Orders
An indefinitely valid restraining order is a Permanent Restraining Order (PRO). Once a PRO is granted, the abuser is barred from speaking with or seeing the victim. In contrast to the other two protective orders, a judge can grant a restraining order. The California court offers an individual the maximum level of protection at this point.
After the victim testifies in court and all essential evidence is given, a PRO is typically granted. Then, after carefully considering the evidence, the judge will decide. Depending on the type of abuse, the court might only permit you to see your child under police surveillance or even forbid you from seeing them. A defendant must satisfy these criteria before a permanent restraining order is issued:
- Apparent indications of danger, abuse, or both;
- The abuser and the victim are closely connected, either by blood or by a personal connection.
The restricted person may also lose legal rights to marital rights, child support, and personal property in addition to physical restrictions (such as limited visitation rights and monitored distance from the victim).
Violation of Protection Orders in California
According to California Penal Code 273.6 PC, violating a protection or restraining order is a crime. A restraining order violation is often a misdemeanor offense if committed once. When the protection order is broken more than once, it becomes a felony offense. A felony offense carries a maximum jail sentence of three years and a maximum fine of $1,000. The victim of the restraining order must present the following proof of violation before the court confirms a breach:
- The court gave the defendant a restraining order;
- The individual under restraint or the defendant is aware of his limitations;
- The individual under restraint can follow the obtained restraining order;
- The person under control willfully disobeyed the issued restraining order.
Imagine that a person who was under a restraining order committed another crime while they were in custody. The victim may then bring legal action against them for violating the protective order and the crime they committed.
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Frequently Asked Questions
What is a Protection Order?
Protection Orders, also known as restraining orders, forbid one person, referred to as the restrained person, from harassing or abusing another, referred to as the protected party. Protected parties include partners, former lovers, roommates, coworkers, family members, and even pets.
Does Physical Abuse Need to Occur for a Protection Order to be Filed?
No, physical abuse or physical violence does not need to occur to file a protection order. A threatening act that has affected the protected party may be reasonable grounds to grant a protection order. Protection Orders against domestic violence may include indications of emotional, psychological, and physical abuse.
Can a Protection Order Forcibly Evict a Person from their Own Home?
Yes. Domestic violence restraining orders are frequently obtained in circumstances requiring the subject of the order to vacate their joint residence with the protected party. The courts are ready to issue orders compelling people to leave their homes, even though the effects may be severe and far-reaching.
How Long Do Protection Orders Take?
Protection orders have a five-year maximum duration. Three years is a typical period of time. If the circumstances support it, some orders quantify in terms of months. If the threatened party feels intimidated when the restraining order expires, they may attempt to have it extended. Even for a five-year order, extensions are permissible.
Hire A Trusted Protection Orders Attorney
If you are a victim of physical, emotional, or even psychological abuse and in need of a protection order against someone, Mr. Stephen Gassner of the Law Office of Stephen Gassner is the person to call. He is knowledgeable about California’s local courts and the criminal justice system. He will examine the facts of your protection order case and give you sound legal advice on how to move forward. He can also develop an effective strategy for you that will help you get the most favorable result possible.
Looking for a Family Law Attorney in California, USA? Look no further the Law Office of Stephen Gassner can help you with different family law issues, including divorce, property division, paternity, child custody and support, spousal support, protection orders, visitation rights, and property division including the complex division of business property.We Serve in the following areas of California, USA.
Family Law in Chino Hills, CA
Family Law in Eastvale, CA
Family Law in Fontana, CA
Family Law in Ontario, CA
Family Law in Rancho Cucamonga, CA
Family Law in Upland, CA
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