Many people are familiar with the concept of a restraining order or protective order. These court orders are commonly issued in response to criminal actions, specifically acts of domestic violence. If you or a loved one recently suffered any form of domestic violence or civil damages of any kind, a restraining order against the party who harmed you is likely to be an element of your final resolution.
An Irvine restraining order attorney is an invaluable asset for anyone who has experienced domestic violence and wants to protect themselves from further harm. The attorneys at Quinn & Dworakowski have years of experience guiding Irvine-area clients through the family court system, and we have the resources and skills necessary to handle the most challenging family law matters on behalf of our clients.
Protective orders are typically issued on a temporary basis immediately in response to domestic violence, civil harassment, and incidents such as sexual assault. A temporary protective order of this nature will have a hearing date listed on it, and all parties involved in the case must attend this hearing. The judge will review the details of the situation and listen to all sides of the dispute in determining whether the abuse occurred and whether the victim requires ongoing protection or if the defendant did not commit the offense in question.
Once a protective order transforms into a permanent order, it will be very difficult for the subject of the order to have it changed in any way, and the penalties for violation of the order can be severe. Usually, a protective order contains strict rules for the subject of the order, restricting their movement and ability to contact those protected by the order.
While it is technically possible to secure a restraining order you need on your own, the right attorney can be an invaluable asset when it comes to navigating any family court proceedings you face. The attorneys at Quinn & Dworakowski have a wealth of professional legal experience in various types of family law cases, and many of our past clients have overcome incidents of domestic violence and secured the protections they needed with our firm’s assistance.
When you choose our firm to represent you, we will get to work as quickly as possible gathering the evidence you need to substantiate your side of the case. Unfortunately, many domestic violence cases reduce to one party’s word against another, and you may have no idea how to prove the truth of your experience. Whatever your case entails, you can rely on Quinn & Dworakowski to answer your legal questions and address your most pressing legal concerns until you reach a suitable conclusion to your court proceedings. Our team of experienced family law attorneys is ready to help you secure the protective order you need and confront all your related family court proceedings with confidence.
Any willful violation of a restraining order potentially carries severe penalties not only in family court but in criminal court as well. In most cases, the subject of the order will have the terms of their order clearly explained to them when the judge issues the order. Depending on the specifics of their case, the subject of the order could face a child support obligation, alimony payment, and various other obligations to the victim, but they must meet these obligations while obeying the order. For example, if you are held subject to a restraining order and forbidden from contacting your co-parent and your children, this would not release you from your child support obligation.
Whenever anyone violates their restraining order, the most likely outcome is incarceration. Most restraining order violations in California qualify as first-degree misdemeanors, and defendants could face extensive incarceration terms in county jail for misdemeanor-level offenses. The criminal court will handle sentencing for anyone who violates a restraining order, and your attorney can advise you in the event you need to testify against an abuser in criminal court.
A: A 50B is the most general type of restraining order often issued in response to domestic violence, threats of violence, and serious harassment. This order will prohibit the defendant from contacting the victim or coming close to the victim or specific locations. For example, your 50B may prevent the subject of the order from coming near your home, your workplace, or your child’s school.
A: A 50C is a “No-Contact Order,” a specific type of restraining order reserved for situations in which the parties involved do not share a close relationship. For example, the victim of a sexual assault or stalking may secure a 50C against the person who harmed them. Your attorney can help you understand the terms of your 50C in clearer detail, ensuring you understand your rights and responsibilities under the order.
A: Restraining orders are issued in the civil court, and all such orders are accessible to the public; the only type of court proceedings that do not become publicly accessible are generally criminal court proceedings that have been expunged and sealed. When a restraining order is issued in California, the details of the order will be publicly accessible.
A: Though you are not technically required to hire legal counsel in response to domestic violence, civil harassment, or any other incident that would justify your seeking a restraining order, an experienced Irvine restraining order attorney can be an invaluable asset for ensuring your restraining order achieves its intended purpose.
The attorneys at Quinn & Dworakowski have helped many Irvine area clients through all manner of challenging family court cases, including those pertaining to domestic violence. As a result, we have helped many victims of abuse secure the legal protections they need to move on with their lives and recover with confidence and peace of mind. If you believe you have the right to seek legal protection from anyone in your family or household, contact Quinn & Dworakowski to schedule your consultation with an Irvine restraining order attorney.
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