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In California, if you or your child is
a victim of violence, harassment, assault, domestic abuse,
or threats, you can increase your security by filing a
restraining order or protective order.Once
you file a restraining order and it is served on your
abuser, the California Court System is your protector.
A restraining order/protective order can keep your abuser
out of your home, workplace, or anywhere near you or your
children. It can keep your child from being taken away,
stop your abuser from owning a weapon, or stop anything
else that can threaten you—because the abuser will
have to face consequences, meaning jail time.To qualify
for a Domestic Violence Restraining Order in California,
the person you want to file an order against must be:
- A spouse or former spouse
- The person you are living with
- The other parent of your child
- The person you are dating
Why You Need an Attorney
There are several restraining
order options in California. A skilled los
angeles criminal defense attorney with experience
in Domestic Violence Law will know how to work with the
court, law enforcement officers and/or battered women’s
shelters to help you take immediate steps and file the
right type of restraining order.
California Restraining
Order Options
- Emergency Protective Order
(EPO). This type of Restraining Order is
issued by law enforcement and is valid for 5 days.
It is used by domestic violence victims for their
immediate protection and safety.
- Domestic Violence Temporary
Restraining Order (TRO or DVRO). A California
Temporary Restraining Order is in force for three
weeks, but it can be made into a permanent restraining
order for 1 to 3 years. This is also useful for domestic
violence victims.
- Criminal Protective Order
(“No Contact” Order). This type
of restraining order is obtained through the District
Attorney’s office, and is issued in active domestic
violence cases. With this order, your abuser cannot
call, write, e-mail or contact you at all except through
lawyers.
- Civil Harassment Restraining
Order (CHO). This restraining order doesn’t
need to qualify as a domestic violence restraining
order. It can be used to stop harassment, threats,
stalking, etc. by neighbors, roommates and co-workers.
The best way to file a restraining
order is to work with an experienced California Restraining
Order attorney who will focus on your best interests.
A skilled attorney will make sure:
- All of the proper documents have
been filedSurprises are discovered before they can
damage your caseThe judge’s questions are answered
in the best way
- The judge is aware of witnesses and
evidence that help your case.
If your abuser has a lawyer
and you don’t, your chances of getting a restraining
order are immediately reduced. This is another reason
why you need an attorney to help you file a restraining
order in the way that will provide you with the most protection.If
you or someone you know is suffering from abuse, we urge
you to hire an attorney who can help you file a restraining
order immediately, before the abuse gets worse.
Stephen
G. Rodriguez & Associates are experienced
Los Angeles Criminal Defense Attorneys with extensive
Domestic Violence Law & Restraining Order experience.
They can help you file a restraining order in California.
(See LACriminalDefenseAttorney.com)
Frequently Asked Questions
Restraining Orders
California Restraining Order |
Temporary Restraining Order
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What
is a Restraining Order?
A
restraining order is a court order that protects
you from physical or emotional abuse as well as
from being stalked or harassed.
How
can I obtain a Restraining Order?
You can go to court and fill out the necessary
paperwork. You would then have the abuser served
with the paperwork by the Sheriff’s office
or through an uninvolved third party. Your wisest
choice is to contact a skilled and knowledgeable
attorney who has experience with restraining orders
and consult with him.
What
happens if the abuser violates the Restraining
Order?
A violation of the restraining order
is a criminal offense. The abuser could be subjected
to criminal proceedings—specifically a misdemeanor
contempt of court. The violation could result
in his/her arrest as well as jail time (up to
a maximum of 1 year in the county jail).
Can
I obtain a restraining order if I am being stalked
over the Internet?
Yes! Internet harassment or cyber-stalking
is the new wave of stalking and harassment. An
able and experienced attorney in these matters
may be able to obtain the identity of your internet
stalker and eventually have him served and brought
before a judge.
What
happens after I serve my abuser with the restraining
order?
The initial order I serve my abuser
is called a Temporary Restraining Order (TRO).
Once the person is served there will be a court
hearing where the judge will decide if it is necessary
to issue a permanent restraining order under the
circumstances. If the judge believes there has
been abuse, stalking, or harassment then the judge
will likely issue a permanent restraining order
for 1 to 5 years.
What happens at the court hearing?
Both parties are ordered to appear
(Petitioner and Respondent). Each of the parties
should bring a copy of their order and any evidence
or witnesses to court with them. The parties are
allowed to bring an attorney if they want. The
Petitioner (person serving the order) is asked
to present her evidence of stalking, harassment
or abuse. The Respondent (the accused or the person
responding to the order) is asked to respond to
the allegations. The hearing could be conducted
in an informal manner or much like a formal trial.
That would depend on the judge. After all the
relevant issues have been heard on both sides
the judge will decide if a permanent restraining
order should be issued.
What if the Restraining Order has been issued
to me?
If after a hearing a judge issued
a restraining order against you then
you must stay away from the person who obtained
the restraining
order against you. Violation of that order could
result in criminal proceedings brought against
you. You also have a right to appeal the judge’s
decision. Contact an experienced restraining order
attorney to thoroughly discuss your options at
this time.
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Law
Offices of Stephen G. Rodriguez
633 West 5th Street
26th Floor
Los Angeles, California 90071
If you are
a celebrity photographer with a restraining order filed
against you or if you are in need of a paparazzi
lawyer please contact us for a free consultation.
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