Having a permanent restraining order filed against you can be limiting, mainly because it prevents you from coming into contact with someone close to you. As a recipient of the order, you must understand the factors a judge considers before granting it to the applicant. You should also understand the filing of a permanent restraining order to ensure the applicant followed all the requirements for the permanent restraining order to be legal.
Learning about the various types of permanent restraining orders is also beneficial, as the law provides further insight into the applicable regulations. When seeking details about the restraining order against you, you need to consult an experienced criminal attorney who understands the process of filing a permanent restraining order, the permanent restraining order hearing, and the consequences of the permanent restraining order for you.
At Darwish Law, we understand the importance of having all relevant information about a permanent restraining order, as the court expects you to observe all regulations. Our goal is to obtain a permanent restraining order via legal guidance and representation after you receive a permanent restraining order to help you navigate the legal requirements and restrictions applicable to your case.
With our team’s help, you will receive all court notices and summonses for hearings in time, preventing you from facing any adverse outcomes. You can also rely on us for continuous legal support until the duration of the permanent restraining order lapses. Our services are available to any client with a permanent restraining order filed against them in Santa Ana, California.
The Nature of a Permanent Restraining Order
The law aims to permanently prohibit texting abuse, especially if the abuse comes from close people in the victim’s life. Among the various permanent restraining orders, active measures include issuing a restraining order to limit the abuser’s access to the victim, guaranteeing their safety.
Several restraining orders are available, and each varies depending on the duration for which it restricts an offender’s access to the victim. A permanent restraining order is the most severe type of order that a court can issue, and it applies where you have allegedly caused extreme physical, emotional, or psychological abuse to the victim.
A permanent restraining order often applies as an enhancement to a regular restraining order, and it becomes available if the victim can demonstrate that you are a continuous threat to their wellbeing. As a recipient of the permanent restraining order filed against you, you should understand that the court expects you to limit your interactions with the victim for the specified duration.
Permanent restraining orders can last for different durations, and the court issues suitable orders depending on each case’s circumstances. For example, the permanent restraining order may last for five to ten years if the abuse is mild to moderate. In extreme cases, a permanent restraining order lasts a lifetime, meaning your access to the applicant remains restricted.
While a permanent restraining order is accessible through a court application, the presiding judge must take several steps before authorizing it. This is because of its drastic effects on you as the recipient, to whom restrictive rules apply. Based on this, the alleged victim must follow all permanent restraining order procedures for the permanent restraining order to be valid.
Types of Permanent Restraining Orders Issued in California
While a permanent restraining order applies to persons with a close relationship, the abuse circumstances differ among various victims. Several restraining orders are therefore available, and the applicant must select a suitable application based on their experiences.
After receiving the application, the court will assess the applicant’s claims to determine whether they filed for the correct type of permanent restraining order. If so, the court's permanent restraining order must hear the matter. The types of permanent restraining orders available are:
Civil Harassment Restraining Orders
The courts consider civil harassment to be any form of general abuse by violence or threats of violence. The orders apply to victims interacting with the abuser in different contexts, including at home or at work. Civil harassment warrants a permanent restraining order because the victim could otherwise continue to face physical abuse from the abuser in various ways.
For example, if you have previously attempted to scare, assault, or commit battery, the victim can file for a civil harassment permanent restraining order to secure their safety by restricting your access. This restriction order is commonly requested as civil harassment cases are widespread. You can therefore expect to be held accountable for your actions during the permanent restraining order hearing.
Domestic Violence Restraining Orders
Persons in a domestic setting can also apply for a permanent restraining order if the person they live with continues to expose them to danger through abuse. The court considers a person to be in a domestic setting if they are cohabiting or have a close relationship. For example, if they allege abuse, spouses, siblings, parents, roommates, and guardians are potential applicants for a permanent restraining order.
A domestic violence application is likely more successful if the victim applies for a permanent restraining order based on continuous cohabitation and abuse, including when they present their case. Thus, You should be ready to defend your position, especially if you strongly believe you are wrongfully party to the permanent restraining order.
Elder Abuse Orders
A concerned third party or an elder with access to court services can file a permanent restraining order against you for elder abuse if they demonstrate your malicious intentions to exploit the victim. An elder abuse claim does not necessarily involve physical or psychological abuse. Instead, the applicant only needs to show that you have been financially abusing an elder through fraud or forced transactions.
For example, if you use deceit to make an elder grant you access to their bank details or force them to sign authorization documents, your actions amount to abuse. Similarly, using forged signatures to access the elder’s accounts is also abuse, warranting a permanent restraining order.
Permanent restraining orders may also apply in exceptional cases among workmates, especially if the victim intends to continue working on the premises. While a permanent restraining order typically applies to people with a close relationship, the court may consider the victim’s circumstances and authorize the orders to keep them safe while at work.
The Application Process for a Permanent Restraining Order
Although you are the recipient of a permanent restraining order, you still need to understand how the victim applied for the order to determine whether they followed the requirements of the order. By obtaining the information, you can assess whether the permanent restraining order is valid, which is essential for its applicability.
Learning about the permanent restraining order application and permanent restraining order cess is also essential because you need to follow up on court notices about the hearing. Your presence at the hearing is crucial, as it allows you to raise any defenses applicable to reduce the chances of receiving the permanent restraining order.
Once the victim decides to take legal action against you, they must obtain a permanent restraining order from a court within their state to file a formal permanent restraining order request. The request should be accompanied by all relevant documents, including a police report if they allege violent abuse.
After receiving the applicant’s request, the court grants a permanent restraining order and gives a hearing date to you and the victim to give both parties a chance to justify their cases. Upon receiving the date, you should contact your defense attorney immediately to help you prepare your defenses on time.
Elements for the Judge to Consider During the Hearing
Since the permanent restraining order hearing allows both parties to make submissions, the applicant’s goal is to ensure their circumstances meet the eligibility criteria to receive the order. The judge determines this issue by assessing two main factors; the validity of the victim’s claims and your relationship with them. Some factors for the judge to consider in both cases include:
Whether You Threatened to Abuse or Abused the Victim
A permanent restraining order is only relevant if you endanger the victim’s well-being by abusing them or threatening to do so. Based on this, the court must verify the victim’s claims that you have continuously abused them, warranting a permanent restraining order.
The difference between permanent and regular restraining orders is that, in this case, the victim must demonstrate the need for permanent restriction of contact. To do this, they should show that you would otherwise continue to threaten their safety once a regular restraining order’s validity lapses.
Some evidential sources you can expect during the hearing include police reports and records that the victim has previously filed after suffering abuse from you. The documents should include details identifying you as the abuser, including your name and identity number. Further, the victim may rely on previous court decisions where the court found you guilty of a violent offense against the victim.
Additionally, the victim can demonstrate the likelihood of repeated abuse in the future by presenting reports on your psychological state. They could access these records if they were made public as documentary evidence in a previous case.
You Have a Close Relationship With the Victim
A permanent restraining order protects the victim against an abuser with a close relationship with them, as they are likely to abuse their close access to the victim. Based on the victim’s vulnerability and possible reliance on the abuser for daily permanent restraining order vision, the abuser will likely exploit their relationship and continue the abuse.
The permanent restraining order, therefore, prevents persons with close relationships from accessing the victim permanently while still compelling them to perform their duties to the victim. The presiding judge must assess the nature of your relationship with the victim before deciding on the case.
A close relationship may involve current or former spouses, a current or past boyfriend or girlfriend, or any person you are currently cohabiting with. Additionally, close relatives can apply for a permanent restraining order if they allege constant domestic abuse. These include children, grandparents, siblings, and parents who file against their children.
Your close relationship with the victim can cause complications in your life, mainly because you are likely to share a home and resources. You can thus request that your attorney work on defenses if you strongly believe that the victim filed a permanent restraining order wrongfully or maliciously.
The Impact of a Permanent Restraining Order
If the victim successfully complies with the two main elements necessary for a permanent restraining order to be issued, the court issues an order to launch its application against you. The permanent restraining order includes specific orders based on the case circumstances, so you must study the details in the formal document to learn what to avoid. The three types of permanent restraining orders that courts often issue are:
Personal Conduct Directives
The permanent restraining order against you may order you to fulfill specific roles or tasks to keep the victim safe if you maintain your distance and contact with them. Personal conduct orders are necessary when the victim has suffered financial abuse or is still dependent on the abuser, even when they must stay away.
Examples of personal conduct directives include restricting transactions or activating new insurance plans that may disadvantage the victim. Abusers will likely use this as a manipulation tactic to force the victim to let them into their lives again, as they would still need financial assistance. The court can also issue special orders to obligate you to fulfill your child support payment and alimony orders regardless of your restricted access to the victim.
If your case involves abusive activity against the victim online, the presiding judge will also compel you to stop any activity on social media or other communication mediums with the victim permanently. The order aims to permanently restrict the victim from future psychological and emotional manipulation that often occurs through phone calls, texting, and targeted social media posts.
Further, a personal conduct directive can compel you to return any permanent restraining order belonging to the victim to help them continue their lives. The permanent restraining order party is likely to be instrumental in their daily lives, pushing the court to include the orders in the formal permanent restraining order document.
Stay-away orders are the more commonly known directives in permanent restraining orders, as many victims require physical distance from the abuser. The court issues these restrictions if your case involves continuous physical abuse, making it necessary to impose distance regulations. Your permanent restraining order should be a permanent restraining order with specific distance measurement details restricting your distance from the victim, allowing you to comply accordingly.
A stay-away order may prevent your access to the victim’s home, workplace, or school if you are a minor. Based on the court’s orders, you must carefully plan your visits to public spaces close to the restricted areas to avoid violating your order.
You may receive a move-away order if you and the victim cohabited, forcing you to find a new residence in compliance with the directives. The order may cause a significant change in your life, and finding new housing may take a lot of work. You can therefore request additional time to find new housing from the court before vacating or seeking assisted housing services.
Defenses for Violating a Permanent Restraining Order
Criminal penalties apply for violating a permanent restraining order, as the law classifies it as an offense under Section 273.6 of the California Penal Code. If found guilty, you may face misdemeanor penalties that warrant a sentence of up to one year in county jail or a fine payment of up to $1000.
You can avoid criminal repercussions by presenting defenses to justify your position with your defense attorney’s help. Some counterarguments to raise include:
You Did Not Violate the Permanent Restraining Order Intentionally
Since a permanent restraining order contains technical limitations like physical distance limits, you may occasionally violate the terms unintentionally. For example, if you are simultaneously in a public space like a mall with the victim, you may violate the distance you should keep from them. When presenting your defense, you should have a permanent restraining order due to sufficient evidence to show that you lacked criminal intent to go against the directives, making it an accidental violation.
You Faced False Accusations
While the court handling a permanent restraining order application should conduct a fair hearing, the judge may sometimes decide based primarily on the victim’s evidence. If you strongly believe the permanent restraining order against you is based on false accusations, you can counter this in court and justify your actions. Despite this, you must support your claims with a sufficient permanent restraining order.
The Permanent Restraining Order was Invalid
You can also challenge the validity of the permanent restraining order against you if the victim did not follow the correct permanent restraining order procedure in obtaining it. For example, if you did not receive a hearing notification on time, you would have missed your chance to present your case, making the permanent restraining order invalid.
Contact a Defense Attorney Near Me
When an alleged victim files for a permanent restraining order against you, you should follow all subsequent legal restraining orders closely to understand the possible case outcome. A permanent restraining order entails many legal implications, including a formal restriction not to come into contact with the applicant. Legal consequences also apply for anyone violating the terms of the permanent restraining order, so you must understand all restrictive terms and comply.
By learning about the application process for a permanent restraining order, you are better equipped to handle the legal process for obtaining a permanent restraining order. You should also partner with a skilled defense attorney to help you navigate court hearings, as they have previously handled similar matters.
At Darwish Law, you can expect to work with a reliable team of defense attorneys ready to help you with permanent restraining order proceedings and comply with permanent restraining order directives. You can also request that we prepare a defense hearing if you strongly believe you received unfair permanent restraining order orders. Thanks to our well-equipped team, you have better chances of challenging a permanent restraining order to help you rebuild your life without restrictions. If you or a loved one require more details about a permanent restraining order issued in Santa Ana, California, call us today at 714-887-4810.