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Restraining Order Impacts in California

Restraining Order

Have questions about restraining orders in California? The San Diego attorneys at Embry Family Law P.C. have answers. Contact us online or give us a call at (619) 485-6476 to schedule a personal consultation with a member of our team.

Woman sitting on a chair with her hand touching her head.Restraining Order Consequences

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:

  • Employment

Many employers will not hire and may terminate employment of anyone who currently has – or in the past had – a restraining order issued against them. You may lose your state professional license as well.

  • Housing

You can be ordered to leave your residence, taking only your toothbrush, medications, wallet, cell phone, and an overnight bag with you if issued a restraining order in California.

  • Child Custody

In California, there is a presumption against the parents sharing joint legal custody if instances of domestic violence are discovered. You may have to seek a separate child custody order if you are issued a restraining order and your child exchange arrangements will be severely impacted.

  • Spousal Support

A finding of domestic violence can be used to increase the amount of spousal support (alimony) someone must pay.

  • 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.

  • Reputation in the Community

A restraining order will show up on a background check and the underlying allegations supporting the request are public recordfree for your neighbors, family, friends, and co-workers to see.

  • 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 is issued, even non-threatening contact (a “technical” violation) can result in criminal charges against you.

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Contact an Experienced Restraining Order Attorney Today

These are just some of the collateral impacts of a restraining order. Whether you are seeking or defending against a domestic violence (whether that is while dating/cohabitating/married), civil harassment (could be with a neighbor or co-worker), or elder abuse (refers to abuse of an elderly person 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.