Have you been served a restraining order but you don’t know why? Is a loved one accusing you of domestic violence and attempting to keep you out of your own house with a restraining order? You don’t have to accept the terms of the restraining order sitting down. You can stand up for your freedom by challenging the order during a court hearing.
To make certain your challenge has a strong chance of success, team up with Maas and Russo in Solano County. Founding Attorney Thomas Maas has decades of criminal defense experience to bring to your case. Furthermore, he has been selected for inclusion in Super Lawyers® and Rising Stars℠ numerous times, marking him as one of a slim percentage of legal professionals to receive the title. In other words, when you want trustworthy help for your restraining order case, you want Attorneys Maas and Russo by your side.
Act quickly to defend yourself from an unjust restraining order. Call (800) 483-0992 now or contact us online.
Understanding Why You're Facing a Restraining Order
If you are like so many people who get served a restraining order or protective order, you may not know why someone would want a restraining order against you. As unusual as it might seem, you don’t have to be arrested or charged with a crime to be targeted – and eventually limited – by a restraining order.
All it takes is the petitioner accusing you of a crime that warrants a restraining order. The petitioner must be a family member (by any degree), cohabitant or roommate, or someone who shares a child with you.
In California, you can be limited by a restraining order if you are accused of:
For the most part, a restraining order or protective order requires you to stay a considerable distance from the petitioner and anyone else who might be closely related to, or involved with, them. It will also order you to cease communication attempts with those parties, even if they contact you first. You will likely need to work through a third party for communications, such as an attorney.
The restraining order will also likely limit where you can go and when. For example, you may be entirely barred from entering the petitioner’s place of business until further notice. It is also possible for your right to bear arms to be restricted or suspended, depending on the specifics of the accusations made against you.
Types of Restraining Orders in California
California courts recognize three types of restraining orders:
Emergency Protective Order (EPO): This type of restraining order can be filed against you at any time by someone who alleges that you pose an immediate threat to them. An EPO lasts between 5 and 7 days. It will expire unless the petitioner requests a court date for a hearing.
Temporary Restraining Order (TRO): A court can approve a temporary restraining order against you after an EPO expires, or if the petitioner requests a protective order in a non-emergency setting. A TRO will last until the end of all related criminal proceedings. For instance, if you are convicted of domestic violence, the TRO will expire and will likely be replaced by a CPO (see below). If you are not convicted, the TRO may expire without replacement or renewal.
Criminal Protective Order (CPO): Upon conviction of a criminal violation against your petitioner, usually domestic violence, a TRO can be transformed into a semi-criminal protective order, lasting 3 years but capable of indefinite extension. It is difficult to ever remove a CPO, so the best practice is to defend against it by preventing conviction through a strong criminal defense strategy.
What Are the Penalties For Violating A Restraining Order?
If you have been targeted by any type of restraining order, you must understand and follow the requirements of that order to the best of your abilities. It is a court order, so ignoring or violating the restraining order carries heavy consequences.
You can be sentenced to one year in jail and a $1,000 fine just for a first-time violation! With the help of our Solano County restraining order attorneys, you can get a clear explanation of any restraining order requirements so you can avoid inadvertently violating them.
Contact Our Restraining Order Lawyer In Solano County
At Maas and Russo, we stand ready to protect the rights of our clients against all oppositions. For a restraining order case, we work to challenge the protective order during the hearing process. If we can convince the court that you have done nothing to justify a restraining order’s limitations, the EPO or TRO can be dismissed then and there.
If you are already being limited by a restraining order, we can help you challenge it through a court hearing of your own. No matter what needs to be done, you can feel confident knowing our Solano County law firm is by your side, every step of the way.
Call (800) 483-0992 or contact us onlineto work on your restraining order defense case.
Commonly Asked Questions
What steps should I take if I've been served with a restraining order in Solano County?
If you've been served with a restraining order in Solano County, it's crucial to
act promptly to defend your rights. You should contact a knowledgeable attorney who
can guide you through the process of challenging the order in court. An attorney
can help you understand the specifics of the restraining order, prepare for the hearing,
and present a strong defense to protect your freedoms.
Why should I choose Maas and Russo to handle my restraining order defense in Solano County?
Choosing Maas and Russo for your restraining order defense in Solano County means
you'll be working with a team that has a strong track record and extensive experience in
criminal defense. With accolades such as inclusion in Super Lawyers® and Rising Stars℠, you can trust
that your case will be handled with the utmost professionalism and dedication to
achieving the best possible outcome for you.
