CRIMINAL LAW HOME

• SAN DIEGO ATTORNEY BIO
• ABOUT OUR LAW FIRM
• DEFENSE CASES
• FREE CONSULTATION
• CONTACT US

CRIMINAL DEFENSE

• CRIMINAL COURT PROCESS
• CRIMINAL LAW QUESTIONS
• FALSE ALLEGATIONS
• SEARCH WARRANTS
• ARREST WARRANTS

CRIME PUNISHMENT

• FELONY VS. MISDEMEANOR
• SENTENCING & PENALTIES
• BAIL SETTING FACTORS
• PROBATION & PAROLE
• RECORD EXPUNGEMENT

SAN DIEGO DOMESTIC VIOLENCE LAWYER

Restraining Order Violations & TRO Defense

Domestic Violence Defense

Unfortunately, many relationships end in the most explosive manner. Where violence or threats of violence exist, the Court has the power to grant Restraining Orders to assist individuals in protecting themselves.

In such cases, the priority must always be the protection of one's own safety. It is also important to act quickly because delay can affect your entitlement to such an Order. The lawyers at Ramos & Associates have significant experience in obtaining, or challenging a restraining order.

What is a Restraining Order?

A restraining order is a protective Court order making it unlawful for the individual served, or named as the aggressor, to have any type of contact, communication, or surveillance of the protected party named in the in the restraining order, or TRO (temporary restraining order). Stalking, Domestic Violence, Abuse and Harrassment charges are cases in which restraining orders are most commonly served.

Effective Lenth of a Restraining Order

The term, or effective length, of a restraining order can last for a period as short as several days up to a term of several years. Violation of a restraining order is a criminal offense and is punishable by jail time, fines, anger management classess, mandatory counseling, and more.

What is a Temporary Restraining Order (TRO)?

A Temporary Restraining Order (TRO) is a preliminary restraining order issued by a Judge until the case can be heard, and the need for a protective measure can be validated and justified. except it is for a limited duration. The effective term for a temporary stay away order is typically two weeks, or until the case can be scheduled so the defendant can testify and contest the order. In California, TRO's are usually issued on the word of the person seeking protection.

Are Restraining Orders Enforceable?

Yes. If a person ordered to stay away from an individual named as protected in a restraining order is within the restricted vicinity and the police are summoned, the defendant WILL be arrested and taken to jail. A restraining order violation is a serious criminal offense, and an additional charge of contempt of court could be applicable.

Additional Information About Restraining Orders

• Restraining Order applications include instructions for completion, an experienced attorney should assist you with the form to ensure adequate and appropriate information is entered and the protective measure is granted.



• Once the Court has approved a request for a Restraining Order, it is up to the protected person(s) to report every violation or attempt to contact the plaintiff to the Court and or Law Enforcement Agency with jurisdiction over your case. The stay away order will be of no use unless it is enforced by reporting violations to authorities.

Do I Need an Attorney to
File or Contest a Restraining Order?

When dealing with the sensitive and potentially dangerous nature of domestic violence and stalking cases, it is strongly advised that the matter be handled by a qualified and experienced attorney to help ensure that measures for your protection and safety are granted and upheld. Given the sensitive and serious nature of restraining orders, it is wise to consult with a lawyer. Speaking with the proper lawyer will inform you of your rights as well as preserve any possible remedies you may have.

If you have questions regarding domestic violence, contact San Diego Criminal Attorney George H. Ramos, Jr. today for a free consultation with a spousal abuse lawyer. We are available to take appointments days, evenings, and weekends. We accept all major credit cards.

The SoCal criminal defense law firm of George H. Ramos, Jr. & Associates, located in San Diego, California, serves clients throughout Southern California including Los Angeles County, Orange County, Riverside County, and San Diego County.