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.
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 record– free 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.
Related Article:
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.