RESTRAINING ORDER

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 from, and have no contact with, a Protected Person or Protected Place. These are called “No Contact” orders. Alternatively, a CPO may permit contact between a defendant and the Protected Person, but only if that contact is peaceful in every way. These are called “Peaceful Contact” orders. A judge can modify a CPO in many other ways,
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
Domestic violence is a very serious crime that involves a criminal act between one person and their spouse or former spouse, cohabitant, parent with whom they have a child, or partner in a dating relationship. They can protect you, your family, residence, workplace, vehicle, etc. There are 3 types of Restraining Orders that you can request from the Court for Domestic Violence; Emergency Protective Order, Temporary Restraining Order, and a Permanent Restraining Order.

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 is a high probability and a credible threat that the harassment or other prohibited behavior will continue. If the Petitioner can prove this with “clear and convincing” evidence, the court is likely to issue a restraining order for up to 5 years.

What if someone is not following a family law court order?

CONTEMPT
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), when one of them refuses to comply with an enforceable California family law court order. If you would like to discuss whether this is an option for you, contact us at Conway Law so that we can speak with an Attorney experienced with these types of cases and can assist you in finding out if this is the best course of action. If you would like to file for Contempt, a local Sonoma County lawyer at Conway Law is ready to help.