Timothy F. Riley is a Trusted San Diego Criminal Defense Lawyer with Nearly 30 Years...
Timothy Riley Law, APC
Timothy F. Riley is a Trusted San Diego Criminal Defense Lawyer with Nearly 30 Years of Experience
(619) 500-1289
At Timothy Riley Law, APC, we bring hope to people who otherwise might believe they are defeated. We believe in fighting for each client like they are family. So, whether you have been charged with a crime, or need a restraining order, we want to help you through your legal battle. We know that finding yourself in a complex legal situation will be one of the most trying moments in your life. For that reason, we are here to help you help you through it, every step of the way. We believe in putting the personal needs of our clients first, ensuring a deep understating of their situation that will lead to the best outcomes. At Timothy Riley Law, APC, we specialize in California Criminal Law.
San Diego Criminal Defense Lawyer
DUI
At Timothy Riley Law, APC, we have handled hundreds of DUI defense cases, and we have the vast experience necessary to challenge the science behind DUI cases. Most DUI cases are charged as misdemeanors. However, these cases are not simple. Identifying the issues that can make a difference in the outcome of the case, is a skill developed from many years of experience negotiating plea bargains and going to trial. Timothy Riley has handled thousands of cases for people accused of driving under the influence of alcohol or drugs. He knows how to use the facts about the case, and his client to achieve
success.
Drug Offenses
At Timothy Riley Law, APC, we utilize every tool in the book to ensure that people qualify for drug treatment. Attorney Riley fights hard for diversion, prop 36, drug court, inpatient and outpatient treatment.
Violent Offenses
At Timothy Riley Law, APC, we can identify issues that others may miss and have a keen ability to narrow the focus on issues that are important for to our clients’ defense. If you are suspected of murder, aggravated assault, or any other violent crime, you need an experienced criminal defense attorney to fight against the heavy weight of the government resources. A skilled lawyer not only looks for ways to get the charges against you reduced or dismissed but also focusses on developing an effective criminal defense trial strategy. Timothy Riley has a 26-year track record as a successful San Diego criminal defense lawyer. He has demonstrated success for those facing criminal charges, both felonies and misdemeanors in San Diego and throughout California.
Fraud Defense
Fraud defense cases require attention to detail and a dedicated staff prepared to put in long hours and do the hard work. Fraud cases can be complicated, and typically involve tens of thousands of documents. These types of cases require attention to detail and a dedicated staff prepared to put in long hours and do the hard work.
Record Expungement
Attorney Timothy Riley is known as an aggressive trial lawyer and he has earned a solid reputation among his former clients and his peers for his work on a variety of criminal cases. Mr. Riley has successfully has also helped former clients expunge their records after effectively completing probation.
Sex Offenses
As a defense attorney, Timothy Riley has successfully tried many sex cases, negotiated dismissals on exceptionally difficult cases and has prevented charges from being filed on some of the most high-profile sex charges. Mr. Riley utilizes his 31 years of experience to identify issues that others miss and has a keen ability to narrow the focus on things that are important and helpful to the clients.
San Diego Restraining Orders Lawyer
California law offers you several Restraining Order options to protect yourself against harassment and abuse.
- Domestic violence restraining orders
Domestic Violence Restraining Orders protect you from harassment and abuse by a family member, spouse (or registered domestic partner), significant other (current or former), your child’s other parent, or someone you live or lived with in a capacity more than roommates. This may also apply to your current in-laws and adopted family members. - Elder or dependent adult abuse restraining orders
Elder or Dependent Adult Abuse Restraining Orders prevent the harassment and abuse of somebody of the age of 65 or an adult between the ages of 18-64 with a physical or mental disability which prevents them from preforming normal tasks. - Civil harassment restraining orders
Civil Harassment Restraining Orders protect you from harassment, threats, abuse, and stalking from anyone you do not have a familial or dating relationship with. - Workplace violence restraining orders
Workplace Violence Restraining Orders can be requested by an employer to protect one or more employees from harassment, threats, violence, and abuse that occurred at the workplace. - Gun violence restraining orders
This restraining order can only be requested by a member of law enforcement, a family member, an employer (against an employee), or an elementary or high school teacher (against a student).
If you have been harassed or abused, we can help you prepare and file a request for the Restraining Order that fits your needs. Contact the law firm of attorney Timothy Riley and let him help you.
What is a Restraining Order?
The California Code of Civil Procedure and Family Code allow for a person who has suffered harassment, abuse, or threats to request an order prohibiting the person who harassed them from engaging in specific conduct. A Restraining Order prohibits the restrained party (Respondent) from interacting with the protected party (Petitioner) and from coming within a specified distance from Petitioner, their home, their work, or their vehicle. Additionally, a Restraining Order may give the Petitioner sole care, possession, and control of a pet, if necessary. Domestic Violence Restraining Orders and Elder/Dependent Adult Abuse Restraining Orders may also have the restrained party removed from their home if they share a residence with the protected party.
Types of Restraining Orders
Temporary Restraining Orders
A Temporary Restraining Order (TRO) is a Restraining Order issued by the court immediately following the filing of a Request for Restraining Orders. This order only stays in place until the court hearing. After a judge has reviewed the Request for Restraining Orders, they will decide if a Temporary Restraining Order is necessary. If the judge is not convinced the conduct occurred or finds that the conduct does not meet the criteria for a Restraining Order, a Temporary Restraining Order will not be issued. Whether or not a Temporary Restraining Order is issued in your case, you will be given a hearing date where the court will determine whether a Permanent Restraining Order is necessary.
Permanent Restraining Orders
Despite being referred to as “permanent,” a Permanent Restraining Order does not last forever. Another name for Permanent Restraining Orders is “Restraining Order After Hearing.” These are the Restraining Orders issued by the court after a court hearing has been held to determine if the Respondent needs to be restrained. A Permanent Restraining Order can last between 1 and 5 years, and the duration is determined at the judge’s discretion. Before the order expires, a protected party may request for a Permanent Restraining Order to be extended if needed. To obtain a Permanent Restraining Order the protected party must prove to the court that the harassing or abusive conduct is ongoing, knowing and willful, and serves no legitimate purpose.
Emergency Protective Orders
An Emergency Protective Order (EPO) can only be issued by law enforcement personal. A member of law enforcement can, at any time, request that an emergency order be issued immediately. These orders only last for seven days and cannot be extended. This order is to give you protection while you file a Request for a Restraining Order.
Criminal Protective Orders
A Criminal Protective Order (CPO) is issued by the court in a criminal matter to protect a victim or witness. A judge will order a Criminal Protective Order if the facts of the alleged crime deem one necessary for the safety of the victim or witness.
What are the Effects of a Restraining Order against You?
The effects of having a Restraining Order issued against you may be severe. A Restraining Order will prevent you from communicating with or going near a specific induvial, or individuals. This includes staying away from their home, place of work, and vehicle/s. If a protected party shows up to a location you are already at, you must leave. Restraining Orders go into a state-wide database that is available to all members of law enforcement, including federal. Some out-of-state law enforcement agencies also have access to this database. You may be asked about the Restraining Order during traffic stops or other interactions with law enforcement.
You will be prohibited from owning, possessing, or having access to firearms and ammunition. When served with a Temporary Restraining Order you will need to store or sell your firearms and ammunition with a law enforcement agency or an authorized firearms dealer. If a Permanent Restraining Order is issued against you, you will not allowed to retrieve any firearms you have stored until the order expires. You will also not be permitted to purchase any new firearms for the duration of the Restraining Order. If somebody you know owns a firearm, you may not have their firearms in your possession or have access to them. If you need to carry a firearm for work (law enforcement, military, security, etc.) you may be granted an exception to carry a weapon on duty if eligible.
If you travel internationally, you may be stopped by Customs or Border Control and asked to go through secondary screening due the Restraining Order. You also may be deemed ineligible for Sentri or Global Entry. If you are already a member of Sentri or Global Entry, you may have it revoked.
Can I File a Request for a Restraining Order as a Minor?
Yes! If you are under the age of 18 and are being harassed and abused, you can a file a Request for Civil Harassment Restraining Orders or a Request for Domestic Violence Restraining Orders. You can even file a Request for a Restraining Order is the person you need restrained is also a minor, which may be necessary if you are being bullied by a classmate or other peer.
Have you been served with a Request for a Restraining Order against you? If ordered, the effects of a Restraining Order can be serious. We can help you respond to the request and defend against the allegations in court. Contact the law firm of attorney Timothy Riley and let us help you.
