Los Angeles Restraining Order Attorney

What is a Restraining Order

Restraining Orders are court orders signed by a judge that help people with various types of abuse. It orders a person not to perform certain acts. There are four types of Restraining Orders available:

Emergency Protective Order (EPO) - This restraining order is issued by law enforcement and is valid for 5 days. It is useful for domestic violence victims.

Domestic Violence Temporary Restraining Order (TRO or DVRO) - This civil restraining order is temporary for 3 weeks and can be made permanent for 1 to 3 years. It is useful for domestic violence victims.

Criminal Protective Order ("No Contact" order) - This restraining order is obtained through the District Attorney's office and is issued in active domestic violence criminal cases.

Civil Harassment Restraining Order (CHO) - This restraining order is a civil order and is used for stopping harassment or annoyances by neighbors, roommates, and co-workers.

The victims of domestic violence can obtain an Emergency Protective Order, a Domestic Violence Temporary Restraining Order, or a Criminal Protective Order with the help of a Los Angeles criminal defense lawyer from our office. To qualify for a Domestic Violence Restraining Order you must have a relationship with the person you are seeking the order against. It must be one of the relationships described under Domestic Violence.

Civil Harassment Restraining Orders

A Civil Harassment Restraining Order is used in situations other than domestic violence. All of these restraining orders are issued to prevent the restrained person from:

Annoying, harassing, striking, following, or disturbing the peace of the protected person(s);
Having direct or indirect, personal, telephonic, electronic, or written contact with the protected person(s);
Coming within 100 yards of the protected person(s) - place of work, residence, or school.

Restraining Order Violations

If, after the hearing, the restraining order is violated, the abuser can be found to be in contempt of a court order and this violation may be treated as a criminal matter that could result in serious consequences, including a misdemeanor charge and jail time.

How a Restraining Order Lawyer In Los Angeles Can Help

The Respondent (person receiving notice of the Restraining Order) must be officially given notice (served) the restraining order. This means that formal copies of the Restraining Order Notice have been personally delivered to the Respondent. These copies must be both easy-to-read and include an Answer to Temporary Restraining Order (form DV-120). This is the Respondent's opportunity to respond to the allegations made by the Petitioner. The Respondent will have from 10 to 20 days before the hearing to file an answer to the Petitioner's statements.

A hearing is needed for a judge to determine whether or not a Restraining Order is necessary. At the hearing, the judge will decide whether or not to issue, change, or cancel the Restraining Order. This can happen in one business day or sooner. Arriving at the hearing early, prepared, and with your attorney will ensure the best possible outcome for your case.

If the other party has an attorney and you do not, your chances of winning are immediately reduced. The other party's lawyer has done the necessary preparation only a skilled attorney would know. Even though you are permitted to ask the judge for a "continuance" to reset the court hearing to another date when you can bring your lawyer, additional fees will be required and the time spent cannot be recovered. Being prepared with an attorney from the start is the smartest and most cost-effective way to handle your Restraining Order. Your attorney will:

Ensure that all of the proper documents have been filed,
Know how to handle the judge's questions, and
Will not be caught off-guard by any unusual circumstances,
Prepare your testimony for the hearing.

The guidance and presence of an experienced restraining order attorney, such as Stephen G. Rodriguez & Partners, will substantially improve your chances of obtaining the restraining order or defending against the restraining order.

Contact a Los Angeles restraining order lawyer at our offices today for help with filing or fighting a restraining order.