San Diego Restraining Order Lawyer

Attorney George H. Ramos, Jr. is one of the most experienced San Diego restraining order attorneys. He has a long and illustrious career in domestic violence defense, can help you defend against a restraining order.

When a person claims to be a victim of domestic violence, a judge has the authority to issue an “order of protection,” or what is usually called a restraining order. These orders make it illegal for the named individual to contact the individual or be present in his or her vicinity. While these orders may be necessary when a person is at risk of harm, in other cases a restraining order has been unfairly issued, based upon false information.

Types of Restraining Orders

The court may issue one of several types of restraining orders, based upon the facts presented. These include four general types:

  • Domestic Violence Restraining Orders: These orders are issued when a party claims that threats of violence or acts of domestic violence have occurred. They are issued in cases involving current or formerly married couples, relationship partners, dating partners, or parents of common children.
  • Civil Harassment Restraining Orders: These orders are issued when one party claims that they have been harassed, stalked, abused, or threatened by another. They are issued in cases involving roommates, colleagues, neighbors, or extended family members.
  • Elder or Dependent Adult Abuse Restraining Orders: When it is alleged that abuse has been inflicted upon a person 65 or older, or a person with mental or physical disabilities, this type of restraining order may be issued by a judge.
  • Workplace Violence Restraining Order: An employee who claims to have been stalked, harassed, abused, or threatened with violence at work may request the employer to request a workplace violence restraining order.

Restraining Orders and Your Rights

Once a temporary or permanent restraining order has been issued, you will face serious legal repercussions if you violate it. The restrictions imposed upon you may include:

  • Denied access to your own home
  • Restricted from coming within a certain distance of the person named on the order
  • Denied access to your children
  • Denied access to your personal possessions
  • Restricted from contacting the person named in the order, by any means

How to Get a Restraining Order Lifted

The process of challenging a restraining order and seek to get it lifted involves a hearing in which your side of the story is presented. How your case is presented is a critical point in whether the judge will come to the decision to lift the order. These orders can be exceptionally damaging to your quality of life, your ability to access your home and children, and can damage your personal and professional reputation, as they are visible in public records. Lifting the order requires an investigation into the facts, gathering evidence to support your case, and presenting the case to the judge in a persuasive manner. The first step is to contact the San Diego restraining order lawyers at The Law Firm of George H. Ramos, Jr. for help.

Restraining Orders and California Law

Whether the restraining order was issued based upon false testimony or not, you must adhere to the restrictions placed upon you or face immediate incarceration. It is illegal to disobey a restraining order, whether true or false. You may be restricted from entering your own home to collect your personal possessions or see your children.

This frustrating situation must be addressed with the help of our skilled criminal defense lawyer. In many cases, a person accused of an act of domestic violence will not be allowed to enter their own home, even if he or she pays the rent, owns the house, or pays the mortgage. Any contact, including phone calls, email, letters, notes, or appearing at a place of work can lead to charges of stalking.

How We Can Help

Attorney George H. Ramos, Jr. has the experience, knowledge, and insight into the justice system that could be of great benefit to you. If you have been accused of violating a restraining order or have been served a wrongly-issued retraining order, our San Diego domestic violence defense lawyer can address the injustice and seek to resolve the situation with the least damage to your life and reputation. Call us today for immediate assistance.