The answer is that your wife can do this and it happens every day. When the police arrest someone for domestic violence they “hope” the District Attorney will file criminal charges. However, sometimes the DA will not file the criminal charges because they do not feel they will able to obtain a conviction. The police will often suggest to the spouse that is viewed as the “victim” to go to court and ask the family law court judge to grant a restraining order against the alleged perpetrator.
It is vital if you are served with a restraining order that you retain an experienced restraining order attorney to help you. If the court grants the restraining order against you it can mean that you will be unable to come within one hundred yards of your spouse. This often means you will have great difficulty seeing your children. In addition if a restraining order is granted against you then the law requires you to surrender all of your firearms to law enforcement.
A restraining order can be granted for as long as five years. If you violate the restraining order you can be charged with a separate criminal charges and sent to jail for criminal violation of a restraining order. You do not want to give your spouse the “power” to contact the police and have them put you in jail. Protect yourself and immediately retain an experienced law firm who can help you.
If you are facing a similar legal matter, give us a call. Wallin & Klarich has been defending the rights of thousands of clients in Southern California for over 30 years. Call us at 888-749-0034. We are available 24 hours a day 7 days a week.