Over 15 years of Experience

Criminal Protective Orders

For Victims:

If you are the victim of violence (by someone who lives with you, a family member, or someone with whom you have or had a romantic relationship) you may request the court to make a domestic violence restraining orders protecting you from the abuser. The violence can be verbal, emotional, or physical; and it is not mandatory to have a police report to make such a request. There is no cost when requesting a domestic violence restraining order. A domestic violence restraining order may be requested in an ongoing Divorce/Legal Separation or Paternity case. In this instance, it will have the same case number. If you have no other cases pending, filing the request will open a new case number for you. Typically, the court will schedule a hearing for temporary orders within 24 hours of the request. There are some instances in which the court will make a temporary order based on reading the request and no emergency hearing will be set. If there is a temporary/emergency hearing, the court either grants or denies the temporary restraining order and then sets an evidentiary hearing to determine if permanent orders should be granted. Permanent orders often expire in three years. You can include your children or other people residing with you to be protected as well. Domestic violence is a serious matter and should not be taken lightly. Filing an unfounded request could affect you negatively. For help determining whether you should file for a domestic violence restraining order, contact the Law Office of Gary S. Austin.

For Accused:

If you are accused of domestic violence you will have an opportunity to respond to the request for a domestic violence restraining order. Still there is only a limited time to file your response with the court so your immediate action is a must. Not responding may result in orders being made against you. You also have the option of requesting a restraining order against the other person should your situation call for it. Having temporary or permanent restraining order(s) against you can negatively affect your job, custody/visitation, and restrict where you can go. At the hearing you can provide all the evidence you have as to why the restraining order should be denied. Make sure you have absolutely no contact with the protected party unless the judge allows it (for example, to discuss visitation arrangements). At the evidentiary hearing you can call witnesses, testify, cross examine the other party, and provide other proof. It is the burden of the person seeking the restraining order to prove that a restraining order is necessary. There may be two restraining order cases opened against you, one in family court and the other in criminal court. Attorney Austin can assist you in both circumstances. Attorney Austin has unique insight into restraining orders due to his experience in both criminal cases and family law cases. Contact the Law Office of Gary S. Austin today to see how he can assist you.

FAQ: 1. My spouse is getting physically violent towards me and has been harassing our adult daughter – can I include our adult daughter in the protective orders? a. Yes. Your daughter can also file her own restraining order if she likes.

2. The police said that they are going to have a criminal restraining order against my ex-girlfriend. Do I still need to request one in Family Court? a. Criminal restraining orders may not last as long as one issued through the family court (permanent orders usually last 3 years). It may also not be put in place immediately. It is best to consult with an attorney to review your situation and determine what would be the best route for you to pursue.

3. My boyfriend and I do not get along anymore. He filed a false domestic violence action against me. We have two children together. Because I do not want to have anything to do with him anymore, should I simply agree to have a restraining order against me? a. No. Having a restraining order against you can adversely affect your custody/visitation with your children. You can potentially lose any custody you have and lose or get limited visitations. Further, filing a false action typically does not sit well with judges and can have an negative affect on the false accuser’s custody and visitation. Because a restraining order can limit your ability to carry out your normal daily activities it is best to respond.

Criminal protective orders (CPO) are extremely serious matters. Your freedom to move can be disrupted and limited. Contact with family members may be restricted. You may even have to leave, and possibly move out of, your residence. CPOs are different from other restraining orders because the process is started by law enforcement and the district attorney not a private party.

The district attorney’s office must show the court the defendant has: 1) Physically harmed a victim or witness; 2) Made threats against the victim or witness (and sometimes immediate family members); 3) or Pressured a victim or witness not to testify in court.

A CPO may be issued by the judge after the defendant is arrested, charged or found guilty of certain crimes and there is good cause requiring protection of the victim or witness.

The party requesting a CPO can ask the court to terminate the CPO or modify it.

Contact the Law Office of Gary S. Austin and we will use our extensive experience in this area to help you defeat improper requests for CPOs or modify those already in place.

Criminal protective orders (CPO) are extremely serious matters. Your freedom to move can be disrupted and limited. Contact with family members may be restricted. You may even have to leave, and possibly move out of, your residence. CPOs are different from other restraining orders because the process is started by law enforcement and the district attorney not a private party.

The district attorney’s office must show the court the defendant has: 1) Physically harmed a victim or witness; 2) Made threats against the victim or witness (and sometimes immediate family members); 3) or Pressured a victim or witness not to testify in court.

A CPO may be issued by the judge after the defendant is arrested, charged or found guilty of certain crimes and there is good cause requiring protection of the victim or witness.

The party requesting a CPO can ask the court to terminate the CPO or modify it.

Contact the Law Office of Gary S. Austin and we will use our extensive experience in this area to help you defeat improper requests for CPOs or modify those already in place.

Call Today for a Free Consultation  
951-335-9060