You Need the Top Los Angeles Restraining Order Attorney
A restraining order is a legal option when you need the court to order someone to stay away from you. In cases of domestic violence or abuse, restraining orders can be a useful and necessary form of protection against the abuse.
A Domestic Violence Restraining Order can legally compel the restrained person to stay away from you or your home and stop talking to you, among other things. However, there can be circumstances where a restraining order is unreasonably placed against you.
Whether you are a victim of abuse or have been accused of abuse yourself, navigating the court process for acquiring or fighting restraining orders can be complicated. Retaining a skilled and experienced restraining order attorney in Los Angeles is essential to achieving a favorable outcome.
The Law Offices of Christopher Chaney represent people in Los Angeles, California, and the surrounding areas who are looking to acquire restraining orders against other individuals. With a strong criminal defense background, we also protect individuals from unfairly issued restraining orders against them.
Whether you’re seeking a restraining order against a neighbor, colleague, or family member—or you’re looking to fight an order that’s been issued against you—we’re here to help.
Restraining Order Laws in California
There are four main types of restraining orders:
- Domestic Violence
- Civil Harassment
- Elder Abuse
- Workplace Violence
A Domestic Violence Restraining Order in Los Angeles, CA, can be used to protect individuals in an abusive marriage, as well as a dating or cohabitation relationship. They are available when an alleged victim has been threatened with physical violence or suffered from actual harmful conduct or harassment.
A Civil Restraining Order, on the other hand, is available for parties not in intimate relationships that apply to domestic abuse restraining orders. They can be used to stop stalking, threats, or harassment committed by neighbors or classmates. However, the behavior has to include a credible threat of violence or a behavior that seriously alarms another person.
Individuals aged 65 or older who have been mentally, physically, or financially abused, neglected, or deprived of goods and services by their caregiver of goods or services can obtain Elder Abuse Restraining Orders.
An employer can obtain a Workplace Violence Restraining Order on behalf of an employee who suffered violence or a credible threat of violence in the place where they work.
These restraining orders can be issued on an emergency, temporary, or permanent basis. The restraining order attorneys at the Law Offices of Christopher Chaney can help you pursue a restraining order against someone else or fight one that has been issued against you.
Emergency Protective Order (EPO)
Under family code section 6250 of California law, a law enforcement officer may request an emergency restraining order if it is believed that a person is in immediate danger of domestic violence.
The purpose of an EPO is to protect an abused person from their abuser while they are in the process of applying to the court for a temporary restraining order.
Only law enforcement officers may request EPOs on behalf of a person believed to be in danger. To issue EPOs upon the request of police officers, judges must be available 24 hours a day.
What Happens After an Emergency Restraining Order Has Been Issued?
Under Family Code section 6251, an Emergency Restraining Order has to be issued by a judge or a commissioner. It will be issued after the following has been established:
- There is a reason for the judicial officer to believe that there’s a present danger of domestic violence, and there is reason to believe that an EPO will prevent the abuse from occurring or repeating.
- A dependent adult or an older person is in immediate danger, and there is reason to believe that an EPO will prevent abuse toward that person from occurring or from repeating.
- A child is in danger of being abused or abducted, and there is reason to believe that an EPO will prevent the abuse or abduction from occurring or repeating.
Once it has been issued, an EPO may be immediately enforced for one week. If the abuser lives in the home of the person requiring protection, they may be ordered to leave the house for the period of the restraining order.
For cases involving civil harassment restraining orders, an EPO can only be issued if the person requesting protection is the subject of stalking.
Civil harassment, in general, includes stalking, abuse or threats of abuse, or harassment by someone like a neighbor or a friend. It can also include harassment from a family member that is not considered domestic violence.
In these cases, California law allows you to file a Civil Harassment Restraining Order. Your civil harassment lawyer can help you navigate these laws to ensure that your rights are protected.
Temporary Restraining Order (TRO)
Temporary Restraining Orders are longer-lasting protective orders that are valid for up to 25 days. They are issued when a judge believes that a person is in immediate danger and needs protection before the trial date.
If a Los Angeles court has issued a TRO against you due to domestic violence, it means you may not contact the plaintiff for any reason.
It may restrict you from doing other things, as the different types of restraining orders mean different things. You may not be able to go to places where the plaintiff may be, be required to surrender your firearms, and lose the right to custody of any children.
Once the temporary period reaches its end, a court date is held where the judge determines whether a Permanent Restraining Order must be issued.
Permanent Restraining Order
This restraining order comes after a temporary restraining order was issued. A court hearing is held before it can be issued. If the judge believes that the person requesting the order is, in fact, in danger, they may issue a permanent restraining order.
The amount of time this restraining order is valid depends on the type of restraining order issued. For example, Civil Harassment Restraining Orders are valid for 3 years following their issuance, while Domestic Violence Restraining Orders are valid for 5 years.
Los Angeles Restraining Order Process
Emergency Protective Order is available through the Los Angeles Police Department. Although they are available on a 24-hour basis, these orders are valid for 5 business days.
When it comes to a Temporary Restraining Order, a person wanting to obtain one should usually go to the county Superior Court and complete the necessary forms. The party seeking protection has to describe why they are asking for protection from another person. The filing fee has to be paid unless a fee waiver applies. A judge will then review the request and decide whether to approve or deny the order.
A Temporary Restraining Order can be issued even without the hearing where the other party will be present. However, the alleged victim must attend a hearing to obtain a Permanent Restraining Order.
The restrained person has to receive the “notice of court hearing.” Both parties should be present at the restraining order hearing. If the evidence shows that the protected party warrants the order, the court will issue it.
What Are Your Rights If Someone Has Filed a Restraining Order Against You?
It is important to know what rights you have when someone has filed a domestic violence restraining order or a Civil Harassment Restraining Order against you.
If there is an order against you, you should always obey it, as any violations are a crime. You should also immediately call a law firm and hire a criminal defense attorney who knows family law.
They can represent you and advocate for you, especially because there may only be a few days before you must go to court. The criminal defense attorney can help you gather evidence, prove your alibi through photo or video, and list witnesses who can attest to the incidents, the plaintiff, or your character.
These are things you should avoid doing after you have received a Los Angeles restraining order:
- Destroying evidence that makes you look bad or suspicious.
- Attempt to talk to the plaintiff, their family, or any witnesses, whether in person, by email, or by text.
- Disobey a temporary order.
- Try to maneuver around the restraining order, especially when it comes to children you share.
If you were arrested or charged with violating one of the types of restraining orders, you could face severe consequences that can permanently affect your record in Los Angeles.
This is why you should contact a law firm with a qualified defense attorney about your case. They will be able to protect your reputation in Los Angeles and help you avoid jail time.
What Happens if the Restrained Person Violates the Protective Order?
Los Angeles rules are extremely strict on implementing all restraining order laws. If the restrained person violates the protective order, they can be arrested and charged with criminal contempt.
The consequences of violating a protective order depend on whether it is civil or criminal. In most cases, if someone violates a civil protective order, he will have to pay fines and/or serve jail time for his actions. Criminal violations are punished more severely than civil violations because they involve breaking the law.
A judge may sentence someone who has violated a criminal protective order to up to six months in jail for each violation of an injunction that prohibits harassment or threats against another person.
Call a Los Angeles Restraining Order Lawyer at the Law Offices of Christopher Chaney
When the court issues a restraining order against you, you might not know what actions to take. First, you should not ignore the order. Be proactive and speak to a Los Angeles, CA attorney about your rights and options.
After a restraining order has been issued, breaching it is a criminal offense and can impact your rights. In addition to facing jail time, your gun ownership rights, child custody rights, and reputation may be in jeopardy.
On the other hand, if you are pursuing restraining orders against another individual, a trusted Los Angeles restraining order attorney could help you follow the procedures required to get a restraining order and advocate for your rights and safety in court.
Regardless of your circumstances, you are not alone in your fight. If you or someone you love needs to file a restraining order or is faced with being the restrained person, the Law Offices of Christopher Chaney is here to help.
Time is of the essence — contact us today for a free consultation. We will assist with finding a solution to whatever problem you may face.
