A restraining order, also known as a protective order, is issued by the court to restrict a person from harming another. The judge can issue a restraining order under certain circumstances, including abuse, stalking, domestic violence, and sexual assault cases. A restraining order prohibits the restricted person from engaging in certain activities. For example, a restraining order can order the restricted person to stay away from the protected person. Most people understand the regular restraining order, but questions arise regarding a CLETS restraining order. CLETS stands for California Law Enforcement Telecommunications System. A CLETS restraining order is entered in the CLETS database. This allows the law enforcement officer to arrest the restricted person for violating the applicable terms. A CLETS restraining order is an effective way of protecting victims from harassment and abuse since they have a direct and prompt enforcement mechanism by the police.
Understanding a Restraining Order
A restraining order requires the restricted person to refrain from engaging in certain acts. For example, an order can outline that the restricted person should not contact the protected person. Depending on the type of the order, a restraining order can last for several days to even years. It can also outline the applicable criminal penalties for violating the order.
The purpose of a restraining order is to prevent the restricted person from harming the protected person. However, a restraining order can also seek to prevent financial problems and emotional abuse. In addition, a restraining order can protect a single person or even their family members and friends. How long a restraining order lasts can vary depending on the needs of the person seeking protection and the court's conditions. Below are the common types of restraining orders with different timeframes.
Emergency Protective Order
Abbreviated as EPO, an emergency Protective order takes effect immediately. These orders are reserved for situations where a person is at immediate risk of harm. The most common situation involves violent domestic disputes or child abuse. This order lasts a short period, usually until the restraining order hearing.
Temporary Restraining Order
The judge may issue a temporary restraining order after an emergency restraining order expires or at any time if the court deems it necessary. A temporary restraining order does not have to be issued after an emergency restraining order. It can be issued immediately if a person requests protection. This order can last until a restraining order hearing occurs to determine how long it should remain in place.
Permanent Restraining Order
A permanent restraining order can last several years, and it can be extended or renewed if the threatening behavior is still present.
Actions That Can Trigger Issuance Of A Restraining Order
When applying for a restraining order, the applicant must provide evidence of being abused or victimized by another person. The admissible evidence can include:
- Physical evidence
- Witness statements
- Witness testimony
Some of the actions that can lead to the issuance of a restraining order include the following:
- Stalking
- Harassment
- Assault or battery
- Kidnapping
- Emotional abuse
- Mental abuse
- Sexual assault
- Physical violence
A judge can issue a restraining order based on a direct request from the applicant or as a result of a trial. In domestic violence cases, a court trial may lead to a permanent restraining order. On the other hand, a direct request to the judge can result in an emergency or temporary restraining order.
The victim can obtain a restraining order without the offender being present. This order is known as an ex-parte restraining order. An ex-parte restraining order is a temporary order that is later converted into a more permanent one. How long a restraining order lasts and whether or not it can be modified depends on the type of the restraining order.
In most cases, modifying a restraining order involves converting a temporary order into a permanent one. For example, the judge can issue a temporary restraining order when a trial commences to protect the victim throughout the trial period. When the trial is complete, the court can issue a permanent restraining order after establishing that the accused person engaged in the act that he/she is accused of.
The judge can relax or lift a restraining order if the restrained person demonstrates that he/she has been rehabilitated. The victim must also comply with all the reformation requirements, including probation or parole. No matter how slight the modification of a restraining order is, it must go through the court system, and the judge must approve it. The restrained person can face contempt of court charges for violating the conditions of a restraining order. Violating a restraining order can also result in other forms of punishment, including jail time.
CLETS Restraining Orders
A CLETS restraining order is only available in California. CLETS is an abbreviation for the California Law Enforcement Telecommunications System. This means the restraining order information will be accessible or available to law enforcement officers. If a CLETS restraining order is in place, the restrained person cannot be in possession of a firearm. Therefore, this restraining order can have a significant impact, especially for persons employed in a field that requires gun use, such as security guards. A CLETS restraining order will also appear when a background check is performed on the restrained person. Lesser types of restraining orders do not appear on background checks.
The CLETS system became operational in 1970. This high-speed message -exchange system allows law enforcement and criminal justice agencies to access specific databases. It also enables law enforcement to transmit and receive administrative messages from other agencies throughout California.
Difference Between CLETS Restraining Orders And Other Types Of Restraining Orders
Usually, the court issues a temporary restraining order before granting a CLETS restraining order. A temporary restraining order is not maintained in the CLETS database and will not appear on a background check.
A restraining order does not restrict the restrained person from owning a firearm. On the other hand, a CLETS restraining order restricts the restrained person from owning a firearm. A temporary restraining order is also reasonably easy to obtain, unlike a CLETS restraining order.
You have to follow a significant process to elevate a temporary restraining order into a CLETS restraining order. The process involves a hearing, and both parties must be present. However, on rare occasions, the order can be ex parte. A CLETS restraining order will appear on the restrained person’s background check, affecting their ability to own a firearm.
A CLETS restraining order will remain unless it is lifted without a court action. This order differs from a temporary restraining order that can expire after several days, weeks, or months.
A CLETS restraining order allows law enforcement officers to arrest the restrained person for violating the order. For example, if the order prohibits the abuser from contacting the victim, the abuser must adhere to specific requirements of permissible conduct. If the abuser does not adhere to the orders, the police can arrest the abuser and place them in jail. For a non-CLETS restraining order, the police cannot place the restrained person in jail for violating the restraining order. The victim must return to court and request the judge to take action against the abuser.
Types Of CLETS Restraining Orders
CLETS restraining orders can be issued in some instances, including the following:
- Civil harassment
- Domestic violence
- Other situations where a person requires protection from another.
Below are some of the forms related to the CLETS restraining orders:
- DV-110 - CLETS - TRO Temporary restraining order
- CH- 110- CLETS -TCH- Temporary restraining order
- EPO-001- Emergency Protective Order - CLETS - EPO
CLETS restraining orders can be tailored to suit any situation and address other arrangements like child custody and visitation. The forms used when applying for a CLETS restraining order are uniform. Law enforcement officers receive training on reading, interpreting, and implementing CLETS restraining orders.
Process Of ObtainingAn CLETS Restraining Order
When applying for a CLETS restraining order, the applicant must fill out and submit the required court forms. The judge will decide whether to grant the applicant protection. If the judge grants the protective order, the information will be entered into the CLETS database. Law enforcement can enforce this information and arrest the restricted person if he/she violates the terms of the restraining order.
When verifying the existence of a restraining order, law enforcement officers refer to the California Restraining And Protective Order System, abbreviated as CARPOS.
Violating A CLETS Restraining Order
Violating a CLETS restraining order can be a violation of California PC Sec 166/273.6. Law enforcement officers can arrest anyone who violates a CLETS restraining order. However, they must have evidence that the offender received a notice of the restraining order but disobeyed it.
A CLETS Background Check
A background check is a process that enables other people, including employers, to establish that a person is who he/she claims to be. It provides a way to review a person's:
- Education
- Criminal record
- Employment history
- Other details
CLETS is a computer network in California that provides law enforcement officers and other agencies in the criminal justice system with a way of accessing various databases outlining a person's:
- Criminal record
- Criminal history
- Driving record information
Upon conducting a background check, it reveals all information about a person, including whether the person has an active restraining order against them.
Whether You Need An Attorney When Obtaining Or Fighting A CLETS Restraining Order
Whether you are obtaining or fighting against a restraining order, seeking legal representation from an experienced attorney is essential. An attorney can guide you through obtaining an order and represent you during the restraining order hearing. If there is a restraining order against you, an attorney can help you contest the order or prove that you have gone through rehabilitation.
The role of an attorney when fighting against a restraining order includes the following:
Case Evaluation
An attorney evaluates a case and advises the accused on the best defense strategy. Every case is unique, so attorneys do not adopt a one-size-fits-all approach when handling cases.
Gathering Evidence
An attorney collects and presents evidence to counter the petitioner’s evidence.
Representing The Offender In Court
An attorney represents the offender in court and ensures that their rights are protected throughout the process.
Negotiating Outcomes
In some cases, an attorney can work to resolve the case by negotiating against the issuance of a restraining order.
The California Penal Code 273.6 (A)
Under California PC 273.6 (a), violating a restraining order issued under any section of California law is an offense. For charges to apply, the restrained person must have known about the restraining order's existence. The person must also have had the capacity to comply with the restraining order but instead chose to violate it.
If the violation of PC 273.6 (a) does not result in injury to the victim, the potential penalties can include one year in jail and a fine of up to $1,000. Sometimes, the offender can be subject to both the fine and the jail time.
However, multiple violations that injure the protected person can have more severe repercussions. The offender can even face charges under California's Three Strikes law, depending on the circumstances. In this case, the offender can be imprisoned for up to three years in a state prison for the first strike. A third strike can attract a minimum of 25 years imprisonment. Sometimes, a third strike can lead to lifetime imprisonment. In addition, the offender can be ordered to pay a fine of up to $10,000.
The court can also order the offender to make additional payments under PC 273.6(a). For example, the offender can be ordered to pay restitution to the victim for the expenses the victim incurs due to the violation. Sometimes, the offender might have to pay fines to battered women's shelters or shelters for abused dependent adults and elders.
A PC 273.6(a) violation can also make the court prohibit the accused person from owning a firearm.
The Potential Consequences Of Violating A CLETS Restraining Order
Courts issue CLETS restraining orders in situations involving harassment, threats, stalking, or abuse. Restraining orders seek to protect victims from the actions of the restrained persons. Violating a restraining order can lead to penalties affecting several aspects of your life, making the restrained face criminal charges and potential jail time. The other potential consequences of violating a CLETS restraining order include the following:
Employment
Convictions or records of violating a CLETS restraining order will appear on the offender's background checks. This can jeopardize current or future employment. Most employers conduct background checks on potential employers. Most employers would be reluctant to hire someone with a history of violating a restraining order.
Child Custody
While deciding on child custody cases, judges consider many factors, even seemingly minor violations. If a restrained person has a history or violates a CLETS restraining order, the person could lose their child custody rights.
Reputation And Relationships
Breaking the terms of a CLETS restraining order can tarnish the offender's reputation and how society sees them. It can affect the professional and social aspects of their lives.
Defenses To Violating A CLETS Restraining Order
When fighting a CLETS restraining order, you must present a strong defense during the restraining order hearing. Here is where an experienced attorney comes in. Some of the common defenses you can use to fight against the allegations of violating a restraining order include the following:
No Wilful Act
The prosecutor or the arresting officer must prove that you acted willfully to accuse you of violating a CLETS restraining order. You can defend yourself by pointing out that your actions were not intentional, even if you violated the restraining order. You can allege that you violated the restraining order by accident. For example, a restraining order can require you to maintain a certain distance from the protected person. However, you bump into the protected person upon visiting a social place or attending an event. In this person, you can point out that you did not know that the protected person would also be present at the place you visited. Therefore, you did not intentionally violate the restraining order.
Lack Of Knowledge
One element of the offense of violating a restraining order is evidence that the restrained person knew about the order's existence. If the accused did not receive a notice of the CLETS restraining order, he/she can use this omission as a defense. The police have no right to arrest the restrained person unless the person knows that a protective order exists against them.
False Accusations
It is common for victims or protected persons to accuse the restrained persons of violating the restraining orders even when it is not the case. Cases of false accusations are common in divorce or domestic violence cases. The protected person can falsely accuse the restrained person of anger or jealousy.
Induced Violation
Sometimes, the protected person can violate a protective order. Perhaps the interaction between the protected and the restrained person was consensual or even initiated by the protected person. If true, the restrained can use the induced violation defense to fight their charges.
No Harm Occurred
The restrained person can also point out that the violation of the restraining order did not harm or pose a danger to the protected person. A lack of harm to the victim can serve as a mitigating factor.
How The Process Of Fighting Against A Restraining Order In Court Works
Understanding how fighting against a restraining order in court works is crucial to help the restrained person know the steps to follow. The process includes:
Responding To The Restraining Order
When the accused person receives a notice of a CLETS restraining order, the notice will outline the date for the hearing. This is the opportunity for the accused person to oppose the restraining order.
Filing A Response
The offender’s attorney can file a response to the restraining order notice. The response will outline the offender’s story and include evidence supporting the case.
Attending The Restraining Order Hearing
The petitioner and the accused person must be present during the restraining order hearing. Both parties will present arguments, and the judge will issue a ruling after considering the arguments and the evidence provided.
The Judge’s Ruling
After reviewing the evidence and testimony, the judge will decide whether to dismiss the petition for a restraining order or uphold it.
Preparation is essential, and having a skilled attorney by your side is crucial whether you are petitioning for a restraining order or fighting against one.
When the accused person receives the notice of a CLETS restraining order, here are some of the missteps to avoid:
Ignoring The Restraining Order
Violating the terms of a restraining order, whether intentionally or unintentionally, can lead to criminal charges. Therefore, an accused person should not ignore a restraining order or pretend that it does not exist.
Trying To Contact The Petitioner
The accused person must avoid contact with the petitioner and cut off all communication forms. Any direct or indirect contact with the petitioner can result in a violation of the restraining order terms.
Underestimating The Restraining Order Hearing
The restraining order hearing is the only opportunity for the accused to present their story. Missing or failing to prepare appropriately for the hearing can result in an unfavorable outcome.
Failing To Seek Legal Representation
Failing to seek legal representation can result in an unfavorable outcome of the case. An attorney is experienced in petitioning a restraining order and fighting against restraining order petitions. It is always best to work with an experienced attorney.
Find An Experienced Restraining Order Attorney Near Me
California law takes restraining orders seriously and aggressively prosecutes violations of restraining orders. Law enforcement officers can arrest offenders who violate a CLETS restraining order and place them in custody without taking them to court. CLETS restraining orders are maintained in the CLETS system, making it easier for law enforcement officers to monitor violations. If you need guidance or legal representation on CLETS restraining orders in California, our committed attorneys at the Goldman Flores Restraining Order Law Firm can help. Contact us at 213-341-4087 to speak to one of our attorneys.
