Restraining Orders
Restraining orders are issued when a person feels threatened by your words or actions and seeks to have you legally banned from any contact with them. Restraining orders may be either temporary or long-term and vary on the details of the order depending on the type.
Types of Restraining Orders
- Domestic Violence Temporary Restraining Order: This type of restraining order can be temporary for up to 3 weeks or may be made permanent for 1 to 3 years.
- Emergency Protective Order: This type of restraining order is issued by police officers and remains valid for 5 days.
- Criminal Protective Order: Also known as a “No Contact” order. This kind of restraining order is issued in active domestic violence cases.
- Civil Harassment Restraining Order: This kind of restraining order is utilized to stop various types of harassment.
Understanding Your Rights
You must be officially be given notice of the restraining order brought against you. In order to be served a restraining order, you must have had official copies of the restraining order notice delivered to you. This notice will include a form for you to respond to the allegations brought against you by the person who originally sought the restraining order. You will have between 10 to 20 days before the hearing to file your response.
A San Jose Criminal Defense Lawyer Can Help
If you are facing the constraints of a restraining order and possible violation of a restraining order, contact the San Jose criminal defense lawyers of the Law Office of Daniel Jensen at 408-512-2730 to discuss the details of your defense.
