California Restraining Order Law explained by Southern California restraining order and criminal defense attorney Lawrence Gund of the Kann California Defense Group.
Disturbing your partner's peace can result in a restraining order. The definition of what constitutes disturbing the peace is so vague that it boils down to whatever the judge thinks it is. This violates the Void for Vagueness doctrine. It also violates the 14th amendment in that only someone who has or had a relationship with the petitioner could be punished for such action. No equal protection under the law. While it is being challenged as unconstitutional it still remains the law.
Knowing what to do when a Restraining Order has been Filed against You, is very serious. You got to go to: Court, to present your Side of the Story, and if it is in your Favor, you will never have that Order Granted to you, ever again.
I had a workplace violence restraining order granted against me because I worked at a school where my personal firearm was found by my coworrker who turned me in and the employer went, filed and got a workplace violence restarting order granted against me. However the coworker who found my firearm has also admitted to carrying a firearm in social media himself also on school grounds. Also they had false testimony. Can I get go to appeals court or am I screwed for life?
Excellent Excellent video step by step .I just wonder if the person the a cussed you and have a retraction order in you. Like spouse he go look for you and talk and he's the one put the retraction order on you what happened if he do that. Rally apreciated any answer.
I'm being harassed by my roommate. I am a Male and he also is a male. He keeps me under surveillance and emotionally stresses me with such action. I spend most of the day in my room, and only step out for groceries, dishes, etc. (so between 1 to 5 times if not less). If I go shopping at 01:00 AM he will be waiting at the front door (smoking), if instead of 01:00 AM I were to go at 03:00 AM, he would be waiting (under the pretenses of smoking). If I step to cook, he will need to drink and so on (I am sure you get the picture). The day has 24 hours and this individual pretends to say that the only times he feels thirsty, the need to smoke, etc. are the times I need to go on with my activities. He is not breaking the law, so what actions should I take (I already tried talking to him [three months ago] with no luck). Today (three months after this issue started) I found out that this guy is in public records as a Child molester and under provision.
@@katrenashields2242 Make sure your friends, and people you know understand your issue. Try always to have people around you when he is near. Do not confront him. Don't listen to immature people when they say "stand for your self dont go to cops". Trust me, if you confront him he will be the one calling cops on you (happend to me). He will victimice his self and portrait you as a threat. If you cant move and if you state allows it: always have a recording device on you (keep track of everything). Speak to your landlord, and let him know.
If there is an acquaintance that Harasses someone in social gatherings such as being sarcastic directly to the person , or ruining their reputations in front of others , or talking about them in front of them to others in a negative and sneaky way , and these behaviors are her patterns and habits , can one file restraining order for the person ? Thank you very much for your help and guidance
No stupid. It's there for a reason. Don't distort the truth. He musta beat tour ass bad to get 3 years. You should ask yourself, how much more abuse are you going to take? How long til he kills you? People don't change. You have inadvertently taught them that they can do anything to you and will take them back. This ain't the first time. It's really sad that you feel that's all you deserve.
I have not been served and I was requesting restraining order against my old roommate when he arrives in a Court it appears he was trying to do a restraining order against me but I serve them and he didn’t and the judge except his case and let him go first is that allowed even though I said I was not served
Tips the scales to the person lying about their so called safety. It's so easy for a female to get one against their past partner and totally ruin their life. This law needs changing.
Still have to have something to convince the judge...restraining orders aren't easy to get...even for a woman, because the court doesn't want to be violating the person's ciil rights.
Fr. I thought I was good friends with someone, but it turns out that she was fake. We were talking for months and then she ghosted me because I was being annoying about watching a corona virus video. I admit that it was my fault for being pushy. I just wanted to apologize and get some closure to our friendship because I realized how toxic it was but she then threatened to put a restraining order on me. I feel betrayed
I broke up with my girlfriend she refuses to leave my home because I broke up with her she has threatened to call my work and try to get me fired. We live in a Studio loft it is very small so there is no type of separation. She has been very boisterous in fact the other night I had to call the police due to that. Of course she started crying when they arrived. I wanted them to remove her but they said that they could not. Being that we live in the studio it is very uncomfortable for me. I sleep with one eye open because I do not know what may happen. Also my cholesterol has risen to a point to where my Doctor said that I am a sure candidate for a stroke, And it is not from the foods that I eat. Can I get a restraining order which will help get her out? Also my name is only on the lease not hers.
Do not let her in, you should also talk with your landlord. Your landlord owns the property and may be able to take legal measures also. You can get a restraining order, they are very easy (too easy) to get. However, you said she started crying when the police arrived so imagine how she will act when she is served and has to appear before the judge how she is going to act and this could backfire on you. So try to handle it without the courts involved, there's really nothing an Order is going to stop or prevent because in other words she can still stalk you which is extremely dangerous and sometimes fatal, she can still do what she's doing you will still have to call the police and wait for them to arrive. So you need to take measurements to prevent it from happening at all. Possibly relocating, new phone, if she comes there do not let her in. Did you not read the case about Jodi Arias, realize how dangerous this can be for you. Keep cameras up, even at your front door. Be safe, I hope you're doing better than you were four months ago.
Good thing I'm a female, not filing one for my partner but my partners brother who has on two occasions tried to fight both of us, threatened to hurt us and kill me, and my partners parents quite literally don't give a shit and we currently live with them because of drama with my parents, I just wanted to know if it would be worth filing a restraining order, I have text proof of his threats as well as witnesses in person to his murder threat.
Im having problems with my sister in laws caregiver and her boyfriend. She has gone into my home and stolen from me, her livein boyfriend has pulledhis gun on me more then once. We all live on the same property. I am at my wits end! I dont feel safe going to my home.can they be restrained? Her harassment has been going on for a year now.
I have a girl I had a girlfriend named Maria it was about to get married and get with our life on together she wanted to go cheat on me and she left me for some other guy and now she wants to go to the court and put a restraining order against me what should I do about that restraining order so should just tell the guys that I was not doing nothing to her or should the judge you just make his mind granted or not granted but I'm for definitely sure I'm going to Grant lunch with her so in that case I don't know what to do so if you can give me a tip back or call me back what to do about this situation let me know and come with me and send it to my phone okay thank you have a good night bye
Here are my thoughts.....I think restraining orders should be either permanent or for a longer duration of time. Instead of only for 3 years, they should be for 33 yrs minimum. We shoud pay a higher fee, such as $333 US dollars and they should be for a minimum of 33 yrs. Does anyone agree? (3 yrs is just not enough)
What if the protected party is contacting the restrained person? I find it funny that this person is stalking me but filed an order against me
Disturbing your partner's peace can result in a restraining order. The definition of what constitutes disturbing the peace is so vague that it boils down to whatever the judge thinks it is. This violates the Void for Vagueness doctrine. It also violates the 14th amendment in that only someone who has or had a relationship with the petitioner could be punished for such action. No equal protection under the law.
While it is being challenged as unconstitutional it still remains the law.
Knowing what to do when a Restraining Order has been Filed against You, is very serious. You got to go to: Court, to present your Side of the Story, and if it is in your Favor, you will never have that Order Granted to you, ever again.
I had a workplace violence restraining order granted against me because I worked at a school where my personal firearm was found by my coworrker who turned me in and the employer went, filed and got a workplace violence restarting order granted against me. However the coworker who found my firearm has also admitted to carrying a firearm in social media himself also on school grounds. Also they had false testimony. Can I get go to appeals court or am I screwed for life?
Very informative, thank you!!
You are welcome. Please feel free to contact us should you need any assistance. 888-744-7730
Best to stay on top of California restraining order laws.
Excellent Excellent video step by step .I just wonder if the person the a cussed you and have a retraction order in you. Like spouse he go look for you and talk and he's the one put the retraction order on you what happened if he do that. Rally apreciated any answer.
Thx
I'm being harassed by my roommate. I am a Male and he also is a male. He keeps me under surveillance and emotionally stresses me with such action. I spend most of the day in my room, and only step out for groceries, dishes, etc. (so between 1 to 5 times if not less). If I go shopping at 01:00 AM he will be waiting at the front door (smoking), if instead of 01:00 AM I were to go at 03:00 AM, he would be waiting (under the pretenses of smoking). If I step to cook, he will need to drink and so on (I am sure you get the picture). The day has 24 hours and this individual pretends to say that the only times he feels thirsty, the need to smoke, etc. are the times I need to go on with my activities. He is not breaking the law, so what actions should I take (I already tried talking to him [three months ago] with no luck). Today (three months after this issue started) I found out that this guy is in public records as a Child molester and under provision.
Michael, you need to move out or give him notice that you'll no longer be renting to him!
You're paranoid. Stand up for yourself instead of running to the law.
OMG I am so sorry you are going through this. IAM in the same situation and don't know how to handle it.
@@katrenashields2242 Make sure your friends, and people you know understand your issue. Try always to have people around you when he is near. Do not confront him. Don't listen to immature people when they say "stand for your self dont go to cops". Trust me, if you confront him he will be the one calling cops on you (happend to me). He will victimice his self and portrait you as a threat. If you cant move and if you state allows it: always have a recording device on you (keep track of everything). Speak to your landlord, and let him know.
Move out
If there is an acquaintance that Harasses someone in social gatherings such as being sarcastic directly to the person , or ruining their reputations in front of others , or talking about them in front of them to others in a negative and sneaky way , and these behaviors are her patterns and habits , can one file restraining order for the person ?
Thank you very much for your help and guidance
I sure need one
You should of asked. What happens if the person you're trying served isn't evading getting served
They. Get. Served. Why in the world would you think this is a question worth asking?
Do you need the address of the person that you wish to open a restraining order upon?
Court has put a domestic violence restraining order on my husband for 3 years, can I dismiss the order? How is the process?
No stupid. It's there for a reason. Don't distort the truth. He musta beat tour ass bad to get 3 years. You should ask yourself, how much more abuse are you going to take? How long til he kills you? People don't change. You have inadvertently taught them that they can do anything to you and will take them back. This ain't the first time. It's really sad that you feel that's all you deserve.
With the suspect never in court having a restraining order on him would it be legal or not legal.
I have not been served and I was requesting restraining order against my old roommate when he arrives in a Court it appears he was trying to do a restraining order against me but I serve them and he didn’t and the judge except his case and let him go first is that allowed even though I said I was not served
11:09 To obtain a restraining order
thank you
Tips the scales to the person lying about their so called safety. It's so easy for a female to get one against their past partner and totally ruin their life. This law needs changing.
Still have to have something to convince the judge...restraining orders aren't easy to get...even for a woman, because the court doesn't want to be violating the person's ciil rights.
Fr. I thought I was good friends with someone, but it turns out that she was fake. We were talking for months and then she ghosted me because I was being annoying about watching a corona virus video. I admit that it was my fault for being pushy. I just wanted to apologize and get some closure to our friendship because I realized how toxic it was but she then threatened to put a restraining order on me. I feel betrayed
That's a load of shit.
I need help
@7:10 civil restraining order
I broke up with my girlfriend she refuses to leave my home because I broke up with her she has threatened to call my work and try to get me fired. We live in a Studio loft it is very small so there is no type of separation. She has been very boisterous in fact the other night I had to call the police due to that. Of course she started crying when they arrived. I wanted them to remove her but they said that they could not. Being that we live in the studio it is very uncomfortable for me. I sleep with one eye open because I do not know what may happen. Also my cholesterol has risen to a point to where my Doctor said that I am a sure candidate for a stroke, And it is not from the foods that I eat. Can I get a restraining order which will help get her out? Also my name is only on the lease not hers.
Do not let her in, you should also talk with your landlord. Your landlord owns the property and may be able to take legal measures also. You can get a restraining order, they are very easy (too easy) to get. However, you said she started crying when the police arrived so imagine how she will act when she is served and has to appear before the judge how she is going to act and this could backfire on you. So try to handle it without the courts involved, there's really nothing an Order is going to stop or prevent because in other words she can still stalk you which is extremely dangerous and sometimes fatal, she can still do what she's doing you will still have to call the police and wait for them to arrive. So you need to take measurements to prevent it from happening at all. Possibly relocating, new phone, if she comes there do not let her in. Did you not read the case about Jodi Arias, realize how dangerous this can be for you. Keep cameras up, even at your front door. Be safe, I hope you're doing better than you were four months ago.
I am a mother. Can I request a restraining order allowing contact with my dependent adult son
How recent does the physical abuse have to be?
My restraint order against me is almost up and I just want my gun right back when it’s up
Is it automatic or do you need to file something after it expires?
I'm new
Good thing I'm a female, not filing one for my partner but my partners brother who has on two occasions tried to fight both of us, threatened to hurt us and kill me, and my partners parents quite literally don't give a shit and we currently live with them because of drama with my parents, I just wanted to know if it would be worth filing a restraining order, I have text proof of his threats as well as witnesses in person to his murder threat.
Im having problems with my sister in laws caregiver and her boyfriend. She has gone into my home and stolen from me, her livein boyfriend has pulledhis gun on me more then once. We all live on the same property. I am at my wits end! I dont feel safe going to my home.can they be restrained? Her harassment has been going on for a year now.
From me and my kids
I have a girl I had a girlfriend named Maria it was about to get married and get with our life on together she wanted to go cheat on me and she left me for some other guy and now she wants to go to the court and put a restraining order against me what should I do about that restraining order so should just tell the guys that I was not doing nothing to her or should the judge you just make his mind granted or not granted but I'm for definitely sure I'm going to Grant lunch with her so in that case I don't know what to do so if you can give me a tip back or call me back what to do about this situation let me know and come with me and send it to my phone okay thank you have a good night bye
And the presidents
That's why they call it my work
Can I get one if they haven't touched me. But they yell in my face and I don't want them around me anymore.
Yes
13 royal bloods
What if you're arrested on a non-existent restraining order, and law enforcement does nothing about prosecuting the perjury?
@Stephen Dahlem the girl I was interested in got me on a warrant without cause.
I'm having the opposite problem.. have a ro and have called and called on the 152 violations and the police haven't done shit.
There are too many homeless sleeping in front of the Walmart in Turlock, I was assaulted by a homeless person and the police don’t do anything.
Police department
Here are my thoughts.....I think restraining orders should be either permanent or for a longer duration of time. Instead of only for 3 years, they should be for 33 yrs minimum. We shoud pay a higher fee, such as $333 US dollars and they should be for a minimum of 33 yrs. Does anyone agree? (3 yrs is just not enough)
They have permanent restraining orders.
@@kingfrozt2305 what state?
Utter ignorance nonsense.
Me
There all phycopaths and emphat
They are all trying to kill me and my kids only
The presidents are trying to kill my kids
I live with them
They don't want to give me a home
Gangstalking
They where all trying to kill
Snitchez