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Restraining Order Impact

Restraining Order Impact – The issuance of a Restraining Order can have far-reaching adverse consequences on the restrained person. Aside from the obvious need to stay away from and have no contact with the protected party, a restraining order can negatively impact:

  1. Employment. Many employers will not hire and may fire anyone who currently has or in the past had a restraining order issued against them. You may lose your state professional license as well.
  2. Housing. You can be ordered to leave, taking only your toothbrush, medications, wallet, cell phone, and an overnight bag with you.
  3. Child custody. In California, there is a presumption against the parents sharing joint legal custody if there is a finding of domestic violence. You may have to seek a separate child custody order and your child exchange arrangements will be severely impacted by a restraining order.
  4. Spousal support. A finding of domestic violence can be used to increase the amount of spousal support (alimony) someone must pay.
  5. Gun ownership. Under California law, a broad restraining order prohibiting possession of a firearm automatically takes effect upon the issuance of a restraining order. The court must order the restrained person to immediately relinquish any firearms.
  6. Reputation in the community. A restraining order will show up on a background check and the underlying allegations supporting the request are public record – free for your neighbors, family, friends, and co-workers to see.
  7. Criminal proceedings. The factual allegations and statements made in the restraining order proceeding could be the basis for criminal charges being filed. Once a restraining order issues, even non-threatening contact (a “technical” violation) can result in criminal charges against you.

These are just some of the collateral impacts of a restraining order. Whether you are seeking or defending against a Domestic Violence (dating/cohabitant/marriage relationship), Civil Harassment (neighbor or co-worker), or Elder Abuse (age 65 or disabled) Restraining Order, you need a qualified lawyer to protect your interests.

This information is general and should not be construed to constitute specific legal advice nor to create an attorney/client relationship.