SANTA ROSA RESTRAINING ORDERS
There are two types of restraining orders; Criminal Protective Order, Domestic Violence, and Civil Harassment. These types of cases can either be at the Criminal Courthouse, or the Family Courthouse, depending on if it’s a criminal charge against you by the State, or you need to get/defend against, a restraining order. Whether you have a criminal case or need help obtaining/defending against a Restraining Order, our Attorneys practice both Family and Criminal Law and can help with both. Our Attorneys have extensive experience, including trial experience, in obtaining/defending against Restraining Orders.
Criminal Protective Order
A Criminal Protective Order (“CPO”) is an order a judge makes to protect a witness to, or victim of, a crime. Such persons are referred to as “Protected Persons.” Such orders are routinely issued in cases involving domestic violence. There are two general types of CPOs. A CPO may require a defendant to stay away
however, in order for it to address specific issues in a particular case. A judge will decide whether to issue a No Contact CPO or a Peaceful Contact CPO when a defendant appears in court for the first time. A Protected Person may provide input regarding the CPO at that time. A
person defending a CPO will be given a copy of the CPO while in court.
Domestic violence is a very serious crime that involves a criminal act between one person and their spouse or former spouse, cohabitant,
A Civil Harassment Restraining Order, commonly referred to as a CHRO, is a type of protective court order used where a person is subjected to unlawful violence, a credible threat of violence, or a knowing and willful course of conduct that seriously alarms, annoys, or harasses and that serves no legitimate purpose. This type of restraining order does not require violent conduct; nonviolent conduct is sufficient to request a Civil Harassment Restraining Order.
A mere argument or verbal disputes with a roommate, neighbor or stranger, are not adequate grounds for obtaining a Civil Harassment Restraining Order. If you need assistance in filing or defending against a restraining order contact Conway Law so that an Attorney with experience in restraining orders can help you decide the best course of action. To obtain a Civil Harassment Restraining Order against another person, the person seeking the order (Petitioner) must demonstrate to the court there
What if someone is not following a family law court order?
In California, when someone is not following a court order, you can file an action called “Contempt”. A contempt proceeding in family law cases is initiated by the filing of an “Order to Show Cause and Affidavit for Contempt with the Court”. Filing a California contempt of court order to show cause in a divorce or family law case is a powerful but not frequently used enforcement remedy. It is available to both husbands and wives or any petitioner(s) and respondent(s