Restraining Orders
California law authorizes several different types of restraining orders, each designed to address specific relationships and forms of alleged misconduct. Although these orders are issued in civil court, they can carry immediate and serious consequences, including no-contact provisions, removal from a home or workplace, firearm prohibitions, and criminal penalties for violations.
Speak With a San Diego Restraining Order Lawyer
Restraining orders can be issued quickly and often without warning, immediately restricting contact, housing, employment access, and firearm rights. Whether you are being accused of domestic violence, civil harassment, elder abuse, or workplace violence, the consequences can be severe — even before you ever appear in court.
If you have been served with a restraining order, expect to be served, or are considering your legal options, it is critical to understand your rights and obligations from the outset. Early legal guidance can help prevent accidental violations, challenge unsupported allegations, and protect your freedom, reputation, and future.
The Law Offices of Michael E. Cindrich provide experienced representation for individuals facing all types of restraining order proceedings in San Diego County. As a former prosecutor, Michael E. Cindrich understands how these cases are evaluated by judges and aggressively defends clients at restraining order hearings and related criminal proceedings. Call (619) 262-2500 today for a free and confidential consultation to discuss your situation and legal options.
Domestic Violence Restraining Orders (DVROs)
A Domestic violence restraining order applies when the parties have a qualifying close relationship under California law. This includes current or former spouses, dating or engagement partners, cohabitants or former cohabitants, individuals who share a child, and certain close family members.
Domestic violence restraining orders are governed by California’s Domestic Violence Prevention Act and may be issued based on allegations of physical abuse, threats, stalking, harassment, or conduct that disturbs the peace of the protected person. Physical injury is not required. Courts may issue temporary orders without notice, based solely on written allegations.
A domestic violence restraining order can impose wide-ranging restrictions, including:
- No-contact and stay-away orders
- Removal from a shared residence
- Temporary child custody and visitation orders
- Firearm and ammunition prohibitions
Violations are criminally prosecuted, and long-term orders may last up to five years.
Civil Harassment Restraining Orders (CHROs)
A civil harassment restraining order applies when the parties do not have a close domestic or family relationship. These cases commonly involve neighbors, coworkers, acquaintances, former friends, roommates who were not intimate partners, or strangers.
Civil harassment restraining orders address conduct such as unlawful violence, credible threats of violence, stalking, repeated unwanted contact, or a course of conduct that seriously alarms, annoys, or harasses another person and serves no legitimate purpose.
As with domestic violence cases, judges may issue temporary civil harassment restraining orders without advance notice. If granted after a hearing, these orders can remain in effect for up to five years and often include strict no-contact, stay-away, and firearm restrictions.
Even unintentional violations of a civil harassment restraining order can result in arrest and criminal charges.
Elder or Dependent Adult Abuse Restraining Orders
An elder or dependent adult abuse restraining order is available to protect individuals who are:
- 65 years of age or older, or
- Between 18 and 64 years old and classified as a dependent adult due to physical or mental limitations
These restraining orders are designed to address abuse that may include physical harm, neglect, abandonment, emotional abuse, or financial exploitation.
Elder abuse restraining orders may be sought by the elder or dependent adult, or in some cases by a representative acting on their behalf. Courts may issue orders restraining contact, controlling access to property or finances, and prohibiting harassment or abuse.
Given the vulnerable population involved, courts often act quickly, and violations are treated seriously by both civil and criminal courts.
Workplace Violence Restraining Orders
A workplace violence restraining order is unique in that it may only be requested by an employer, not by the employee personally. These orders are intended to protect employees who have suffered violence or a credible threat of violence at the workplace.
Employers may seek a restraining order on behalf of one or more employees when there is evidence of threats, stalking, or violent conduct connected to the workplace. If granted, the order may prohibit the restrained person from contacting or approaching the workplace or specific employees.
Workplace violence restraining orders can have significant consequences, including job-related restrictions, firearm prohibitions, and criminal penalties for violations.
Aggressive Defense Against Restraining Orders in California
Being served with a restraining order, or facing the possibility of one, can be overwhelming and life-altering. These orders often take effect immediately and may be issued before the accused has any opportunity to be heard.
Trust Michael E. Cindrich to fight on your behalf. As a former prosecutor, Michael E. Cindrich brings extensive courtroom and trial experience, along with a deep understanding of how restraining order cases are evaluated and litigated. He aggressively defends clients in restraining order proceedings and related criminal matters.
Mr. Cindrich has a proven record of:
- Preventing restraining orders from being imposed
- Challenging unsupported or exaggerated allegations
- Modifying or dissolving existing restraining orders
- Protecting clients from criminal exposure and long-term consequences
Call today for a free and confidential consultation to discuss your rights, options, and defense strategy.
