In California, there are a variety of restraining orders. Some of the common ones we see in Orange County are as follows:
- Civil harassment order
- Elder abuse restraining order
- Domestic violence restraining order
These restraining orders, while technically independent of the criminal proceedings, can often have devastating effects. For example, even before you go before a judge, you may be ordered to: 1) move out of your house, 2) stay at least 100 yards away from your children, 3) dispose of all your firearms, and/or 4) refrain from contacting your loved ones.
To make matters worse, in order to defend yourself in a restraining order hearing, you’ll often need to testify under penalty of perjury. Your testimony, in turn, constitutes a waiver of your right to remain silent. As such, your statements can be used later in a criminal proceeding against you.
It is extremely difficult to navigate between these two treacherous areas of law. If you are served with any of the above restraining orders, please do not take it lightly! Call us for help immediately, so we can help you avoid escalating the situation. The last thing you want to do is testify on the record and aid in the filing of criminal charges against you!