Van Nuys Restraining Order Attorney
A Van Nuys restraining order lawyer can help protect your rights if you are the subject of a restraining order or you are seeking one against another person.
You Need the Top Van Nuys 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 you have been accused of abuse yourself, navigating the court process for acquiring or fighting restraining orders can be complicated. Retaining a skilled and experienced Los Angeles, California, restraining order lawyer is essential to achieving a favorable outcome.
The Law Office of Christopher Chaney represents people in Van Nuys, 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 who were 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.
California Restraining Order Laws
There are three main types of restraining orders. From Emergency Protective Orders to Temporary Restraining Orders and Permanent Restraining Orders, the attorneys at the Law Office 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. In order to issue EPOs upon the request of police officers, judges must be available 24 hours a day.
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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 elderly 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, he or she 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 prior to the court hearing the case.
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 means 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 is reaching its end, a court hearing is held. At the court hearing, the judge determines whether a Permanent Restraining Order must be issued.
Permanent Restraining Order
This restraining order comes after a temporary restraining order is 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, he or she may issue a permanent restraining order.
The amount of time this restraining order is valid depends on the type of restraining orders 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 following their issuance.
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 has knowledge of 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 restraining order against you in Los Angeles CA:
- Destroying evidence that makes you look bad or suspicious.
- Attempt to talk to the plaintiff, their family, or any witnesses they may have whether it be in person, email, or 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.
Contact a Los Angeles Restraining Order Attorney Today
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 Van Nuys, 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, California, lawyer can help you follow the procedures required to get a restraining order and advocate for your rights and safety in court.
Regardless of your circumstance, 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 Office of Christopher Chaney is here to help. Time is of the essence — contact us today for a free consultation and we will assist with finding a solution to whatever problem you may face.