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Criminal Law

: Southern California Criminal Defense Blog

I?m Charged With A Violation Of A Restraining Order ? What Should I Do Next?

By Walin & Klarich

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Restraining orders are civil orders that can be requested by the individuals who believe they are the victims of crime, violence or harassment. The alleged victim must first file for and receive a temporary restraining order, or a TRO. The judge will then schedule a hearing to determine if there is sufficient evidence to grant a permanent restraining order. At this hearing, the court will require a higher burden of proof prior to granting a permanent restraining order. ? If a restraining order is granted against an individual, it can last for as long as five years. During the period of time that the restraining order is in place, a person will be ordered to surrender any weapons he or she uses or possesses. An intentional and knowing violation of a restraining order is punishable as a misdemeanor for up to a year and a $1000 fine...continue to full post

Full post as published by Southern California Criminal Defense Blog on March 21, 2011 (boomark / email).

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