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Restraining Orders Have Consequences

Restraining Orders

California Civil Harassment, Domestic Violence, Workplace And Elder Abuse Temporary and Permanent

Restraining orders can have extremely serious consequences – loss of jobs, future employment or school admissions. Most importantly, a violation of a restraining order is a crime, punishable by jail time!

Restraining order law is not simple. There are many details that only an expert in the field like Kenneth H. Lewis, who has handled hundreds of these cases, knows. Trying to handle this type of case on your own is like practicing surgery on yourself!

Types of Restraining Orders

  • Domestic Violence Restraining Orders are designed to protect persons that have been involved in abusive dating, marriage or cohabitation relationships. They are available when there has been actual or threatened physical violence, harmful conduct or serious harassment. The party asking for a domestic violence restraining order need only prove their case by a so-called "preponderance of the evidence", i.e. a 51% to 49% standard.
  • Workplace Violence Restraining Orders can be obtained by an employee, or an employer on behalf of an employee, where this has been actual violence, or a creditable threat of violence in the workplace.
  • Civil Harassment Restraining Orders are meant for parties that are not in the intimate relationships applicable to Domestic Violence Restraining Orders. Often these would be classmates or neighbors. "Harassment" means a credible threat of violence, actual violence or a course of conduct that seriously annoys alarms or harasses a person, and serves no legitimate purpose.
  • Elder Abuse Restraining Orders are available for anyone over 65 years of age, or who is a "dependent adult" who has been physically, mentally or financially abused, abandoned, abducted, isolated, neglected or deprived by a caregiver of goods or services need to avoid harm or suffering.

Are The Above Restraining Orders Criminal Charges?

NO. They are civil orders and are not criminal in and of themselves. However, should the restrained party violate the order, the violation of the restraining order can be charged as a misdemeanor, with the possibility of imprisonment in jail for up to one year. Alternatively, a violation of a restraining order can be charged as a "contempt of court" which also carries the possibility of jail time.

Does A Restraining Order Show Up In A Record Check?

Yes, in most situations. Most restraining orders are "CLETS Orders". This means they are entered into the California criminal database, known as CLETS, "California Law Enforcement Telecommunications System", often called a "rap sheet". All police departments have access to these records and use them in enforcing restraining orders. These CLETS orders can create serious problems when looking for work, applying to admission to school, or trying to obtain a state license. Kenneth H. Lewis is often able to avoid the entry of a CLETS order when he represents a client by negotiating with the complaining party.

What Is A "Temporary Restraining Order"?

A "Temporary Restraining Order" is often issued by the court prior to a full hearing on a restraining order case, in order to keep the parties apart until a full hearing is held. Even if an allegation of serious physical abuse or harassment is made by a party, the court does not have the time to hold an immediate hearing and will, if the proper paperwork is filed, issue the temporary restraining order to keep the "status quo" and the parties apart, until a full hearing is held.

At the full hearing the court will determine what the facts are; who is telling the truth, and decide if the temporary restraining order should be made permanent. If the court decides there has been abuse or harassment, it can issue a "Permanent Restraining Order" for (typically) between 3 and 5 years, depending on the circumstances. If the court does not believe there has been abuse or harassment, it will dissolve the temporary restraining order and the case is dismissed.

How Can Restraining Orders Affect Work & Life?

A restraining order is a protective order designed to protect one party from another who has allegedly threatened or harmed them. No matter what type of restraining order is imposed, the life of the restrained is affected. The duration of a restraining order can vary.

A restraining order can affect your relationship with your family, your employment, and certain civil rights. Each situation is unique and not every factor applies to every order.

When a Restraining Order Affects Your Home

A restraining order requires you to remain within a certain distance away from the person with the accusation. If you are living in the same home as your partner, you will have to leave immediately. You will likely have to be escorted back to your home to collect your clothes.

This visit will likely last less than an hour and you will be able to only collect belongings that are undisputedly yours.

How a Restraining Order Can Affect Daily Life

It's likely you frequent many of the same places as your significant other. A restraining order means no contact under any circumstances. So, if you accidentally run into your partner in the grocery store you could be in trouble.

Your personal life may be affected in many ways.

  • Contact with your children may be limited or completely cut off.
  • You will not be allowed to own any weapons or firearms.
  • Your immigration status can be affected if you are not a full citizen.
  • Violation of a restraining order, even if it is accidental, can mean jail time or large fines.

When a Restraining Order Threatens Employment

Under most circumstances, a restraining order would not affect a job where you have been working for a significant period. Since a restraining order is a public record, it can affect a job search. Your potential new employer may discover your restraining order during a background check.

There are certain reasons a restraining order may affect your current job.

  • If you are required to use a firearm during your employment, you might have to change duties or seek another job. A restraining order can prevent you from carrying a weapon.
  • A restraining order prevents you from being within 100 yards of the other person. If you work in the same building, or even nearby, following the restraining order may be impossible.
  • Technically, most employers have the right to fire you without cause. If your boss knows about your restraining order and thinks it is a threat to the reputation of the business, you could lose your job.

Why Should I Retain Kenneth H. Lewis To Obtain Or Oppose A Restraining Order?

Because Kenneth H. Lewis has been handling restraining order cases for years and has vast experience in this area. These are not simple cases and many parties that try to handle their own case are shocked when they find that they either could not obtain the order, or have had a multi-year order issued against them, ruining, for example, their career. Restraining Order cases must be handled seriously and professionally.

You Need an Attorney With Specialized Knowledge

Kenneth H. Lewis one of the relatively few lawyers to have actually argued a case before the California Supreme Court, People v. Leon. He is not only admitted before all the courts in California, but also the United States District Court for the Central District of California, the United States 9th Circuit Court of Appeal, and the United States Supreme Court, where he appeared at counsel's table in the case of California vs. Rooney.

He offers no cost consultations, and will fully explain the restraining order process. He will complete all paperwork, and present your case in court in the most vigorous manner possible. He will keep you fully informed about the progress of your case and make sure that everything possible is done to insure a successful result.

Call Kenneth H. Lewis now (213) 255-3011 or contact him online, day or night to schedule a FREE CONSULTATION.

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