Restraining Order Attorney in Los Angeles, California
Restraining orders are used to prevent violence, harassment, stalking, and other forms of abuse. They are issued using the sworn testimony of the party requesting the order. Sometimes referred to as protection orders, restraining orders are issued by a judge in both criminal and civil cases.
When used in a civil case, a restraining order can be intended to prevent two or more parties from making contact or performing actions such as may constitute a public nuisance. In criminal cases, these injunctions are intended to prevent one party from doing harm to another by prohibiting movement or behavior which would be likely to bring the two parties into close proximity or contact with each other.
A common feature of restraining orders are limitations on the distance one party is allowed to be from the other. For example, a person may be directed to remain outside 200 feet of the other party. Should the party being restrained break this condition, some penalty will apply. Another common feature would be restrictions on making contact by telephone, email, or other means.
How Restraining Orders are Issued in Los Angeles, California
In most cases, the victim must apply for the order and will go before a judge to testify as to why the restraining order is needed. If the applicant provides testimony and evidence convincing the judge that a protection order is justified, he or she will issue an order with specific prohibitions against the party being restrained.
When issued in federal court, the party being restrained may not be entitled to receive any notice of the application. This is due to the fact that some conflicts are especially time-sensitive, and the court may wish to place the safety of the potential victim ahead of the right of the subject to receive notification.
California’s Standard of Proof
The party applying for the restraining order is required to prove their claims by a preponderance of the evidence. This is a lower standard of proof than the ‘beyond reasonable doubt’ standard. That is to say, the applicant need only persuade the judge that there is a likelihood that the other party may attempt to cause harm, harass, or abuse the applicant – and that harm may result from further interactions between the parties.
Types of Restraining Orders in California
Different types of protection orders can be issued to suit the circumstances of a given case.
A DVR is issued to prevent abuse that is defined as reckless or intentional efforts to cause injury, sexual assault, placing a person in fear of imminent harm, or engaging in behavior such as striking, molesting, stalking, attacking, battering, threatening, destroying property or otherwise disturbing the peace.
Emergency Protective Order
An EPO is issued via permission of a judge by a law enforcement officer. These are usually issued at the scene of an indecent.
Civil Harassment Restraining Order
These are issued to protect persons who have suffered sustained or severe harassment by violence, credible threat, of willful conduct which alarms, annoys, or harasses the protected party.
Workplace Violence Restraining Order
These orders are issued to prevent harm or abuse that is carried out at the victim’s place of work.
Elder Abuse Restraining Order
These protective orders are issued to protect a person aged 65 or older from harm or abuse. This type of order can also be granted to victims with certain disabilities.
The Hurwitz Law Firm helps clients in the Los Angeles Area with Restraining Orders
If you or someone close to you is in need of a criminal or civil restraining order, it is best to have a qualified attorney help to compile and present your evidence to a judge. If you are in danger of imminent harm, it is important that a lawyer who specializes in applications for restraining orders take your case immediately. The Hurwitz Law Firm will provide you with the representation and counsel you need to process your protection order application successfully.