A restraining order can seem completely unfair. They are not decided by jury, unlike criminal trials, and so you must plead your case to a single judge, who may be biased against you. Even if you disagree with the ruling, you should always follow restraining the order restrictions as closely as possible. Neglecting to do so is illegal, and one accidental slip-up could quickly land you in jail.
Thankfully, an arrest is not a prison sentence, nor should it be. You will be offered bail, and while it may seem like more than you can afford, we at Balboa Bail Bonds can offer you relief. One of our agents can make sure the bail is paid within 24 hours of your call, so that you can get back home as quickly as possible. On top of that, we only ask that you pay a small 10% premium, and we allow you to do so at a pace that works best for your budget. If you have been arrested for violating a restraining order, call us at (619) 760-2222 today.
In California, there are several kinds of restraining orders, each offering its own specifications. Knowing which one has been taken out on you can help you follow the restrictions, as well as fight it if you feel that the order is unfair. Some of the more common kinds of restraining orders are:
Emergency Domestic Violence Protective Order: This may be filed by a police officer or a judge in response to an allegation of domestic violence. If there seems to be evidence to support these allegations, then an emergency protection order may be issued to ensure that the perpetrator is distanced from the alleged victim until a proper trial can begin. It may also be filed by a private citizen looking for immediate relief from an abusive partner, parent, or other family member. These orders only last 21 days, and usually require the perpetrator to stay a certain distance from the victim, and avoid any buildings that the victim requests, such as work, school, or home. These orders are usually granted with no say from the perpetrator, as they are meant for emergency use.
Temporary Domestic Violence Restraining Order: If someone is applying for a full restraining order, but they also want immediate protection from their alleged abuser, then they may seek a temporary restraining order. These are similar to emergency restraining orders in that they last for just 21 days, and the person filing for the order does not need the input of the person they are filing it against. The only real difference is that it is not granted on an emergency basis, as in the person filing it is not in immediate danger. The request may also be denied, if it is decided there is not enough evidence of the charge.
Full Domestic Violence Restraining Order: Both the emergency and temporary restraining orders are meant to give the alleged victim enough time to get to the actual hearing for the full restraining order safely. At this hearing, the victim and the perpetrator will both give their cases as to why a restraining order should, or should not, be filed. A judge will hear both arguments, look over the evidence, and make a decision in favor of one party. If the judge rules to grant the restraining order, then there will be stipulations that the perpetrator must follow, otherwise he or she will be in violation of the order, and may be arrested. These stipulations usually dictate where the perpetrator cannot go, as well as how far he or she must keep from the victim. These orders can last up to five years.
Civil Harassment Order: A civil harassment order is similar to a domestic violence restraining order, as they are both meant to protect a victim from someone threatening them or causing them harm. The key difference is the relationship between the victim and perpetrator. If they are in the same family unit, then a domestic violence order would be filed. If they are not, however, then a civil harassment order would better fit the bill. These orders can last for 21 days when temporary, and up to five years when full or permanent.
Gun Violence Restraining Order: This order is self-explanatory. The court, after you have been charged with gun violence or firearm-related crimes, can issue a gun violence restraining order prohibiting you from owning or using any kind of firearm or ammunition. Individual citizens can also file for a gun violence restraining order against another person if they fear that that person will harm them via a gun. These orders can last from 21 days to one year.
No matter the kind of order that has been filed against you, you must follow the stipulations to a T. These orders are direct decisions made by the court. Even though they are filed by private citizens, when a court agrees to a restraining order, it means it is backing the order with its own authority. A judge may even make special stipulations that the person filing the order didn’t originally ask for. That is why the courts take it so seriously when you violate an order. It means you have gone against a direct order from them.
According to the current bail schedules, bail for restraining order violations starts at $15,000. If the restraining order involved children, which is common for domestic violence restraining orders, then the bail may be doubled. While that already seems like an incredibly high amount for what could have been a simple mistake, you may be shocked to find out that your bail could be increased for a number of other factors.
Following your arrest and processing, you will be given a bail hearing within 24-48 hours. This hearing will most likely take place over a live video feed and will be facilitated by a judge. The judge will review your case, and based on certain factors, will determine how high your bail should be set. There are a number of things the judge will look into, the foremost being the bail schedule.
After reviewing the bail schedule, the judge will then look into the facts of your case. Were there any alleged victims? Were these victims harmed or injured during the crime? Do you have a criminal history? In a case such as a restraining order violation, chances are that the answers to the first and last questions are both yes. This means that the judge, in the interest in keeping you in jail and protecting the alleged victim, may set your bail higher. This is made even more likely if the alleged victim was harmed by your actions, as at that point you may be deemed a danger to the community.
On top of that, the judge will also want to consider if you are a flight risk. How likely are you are to leave the area and try to evade law enforcement? If you are considered a high flight risk, then your bail may be set high as well, to try and encourage you to attend your trial. Whether or not you are a flight risk is determined by:
- If you live in the area
- If you have family in the area
- If your work in the area
- If you have a history of trying to evade the police
Remember, bail amounts are essentially how much the court trusts you to return when your trial begins. That is why more serious crimes will have a higher bail, as the worse the consequences of a conviction, the more likely the courts think you are to flee. If you are being charged with violating a restraining order, then the courts may not trust you. The alleged crime implies that you are unable to follow court orders, and may be a danger to the person who took the restraining order out on you. So, your bail hearing judge may decide that it is best if your bail is set as high as possible for your alleged crime, which can make it incredibly difficult to pay. Thankfully, with Balboa Bail Bonds by your side, price is never a worry.
We at Balboa Bail Bonds pride ourselves on our excellent customer service, experienced agents, and flexible payment plans. While other bond agencies only check in with you to make sure you’re going to pay them back on time, we provide you with the support you need during such a trying time. Plus, with our 10% premium, you never need to worry about busting the bank in order to get out on bail. If you or someone you love has been arrested for violating a restraining order, call Balboa Bail Bonds at (619) 760-2222 to get the help you need today.