A restraining order can provide quick legal protection, but there are several types of restraining orders. Understanding and obtaining a restraining order can be complicated and confusing. You will need the advice and services that a Los Angeles restraining order attorney provides.
A restraining order is an order issued by a California court. When you obtain a restraining order from the court, it legally prohibits a particular individual from abusing, harassing, threatening, or stalking you.
The person who is protected is referred to legally as the “protected person,” while the individual named in the order is called the “restrained person.” In California’s legal system, restraining orders are also referred to as “protective orders.”
Protective orders may be sought in several different situations. A domestic violence restraining order may be issued against a family or household member or against someone you dated or had a relationship with, including a domestic partner, ex-domestic partner, spouse, or ex-spouse.
In California, you may also seek a civil harassment restraining order if you are stalked, harassed, or threatened by someone who does not have a close relationship with you, such as a neighbor, a co-worker, or even someone who is essentially a stranger.
A California law enforcement officer who is responding to a domestic violence call may seek an emergency restraining order on a victim’s behalf in order to give that victim the time and opportunity to obtain a temporary or permanent restraining order.
Whether or not you obtain an emergency restraining order, if you need protection, you’ll need to ask the court for a temporary restraining order. If granted, a temporary order stays in effect for five to seven days, allowing the court to schedule a hearing for a permanent restraining order.
A temporary restraining order expires when the court conducts a hearing and grants – or rejects – the request for a “permanent” restraining order, which can remain in effect for up to five years.
In California, the violation of a restraining order is a crime. Violations are usually charged as misdemeanors. However, if you have a prior conviction for a restraining order violation, and if a subsequent violation involves an act of violence, you may be charged with a felony.
Additionally, most restraining orders issued by California courts prohibit the restrained person from purchasing, owning, or possessing a firearm while the order is in effect. The violation of these firearms requirements may also be charged as a felony.
To request a restraining order in Southern California, you’ll need the advice and services of a Los Angeles restraining order lawyer. After discussing your case, your lawyer will know what type of order to request and will assist you with completing and filing the legal paperwork.
When the court receives your request, a hearing date will be set. In most cases, the county sheriff’s department will deliver a “notice of court hearing” to the person you are seeking to restrain. Your restraining order lawyer will accompany you to the hearing.
At that hearing, you will have to explain to the judge why you are asking for a restraining order, and the person you are seeking to restrain will also be given an opportunity to speak with the judge. If the evidence indicates to the court that a restraining order is warranted, it will be issued.
Your case will be stronger at a restraining order hearing if you can present to the court evidence that supports your claims. With your attorney’s help and advice, you should compile evidence that may include:
If a restraining order names you as the person being restrained, you’ll need legal advice and representation as quickly as possible. If you’re going through a divorce, a restraining order can prevent you from winning custody of your child or even from winning visitation rights.
If you own a firearm, you’ll probably have to surrender that weapon while the restraining order is in effect. The best strategy for challenging a restraining order is:
If you are the target of a restraining order in Southern California, a Los Angeles restraining order attorney will offer you the personalized legal advice you need and will represent you aggressively and effectively in a restraining order proceeding.
Your attorney will argue that the restraining order is unwarranted and that the request for a restraining order should be denied. If the court decides to issue the order, your attorney may negotiate for a modified, more lenient restraining order that imposes fewer conditions on you.
But if you are the person who is being abused, harassed, stalked, or threatened, contact a Los Angeles restraining order lawyer right now and begin the restraining order process. Nothing is more important than your safety and the safety of your children.
If you need a restraining order or need to challenge one, you should be represented by an award-winning attorney who has substantial experience and familiarity with restraining orders in Southern California. You’ll need to be represented by attorney Brian Hurwitz.
With his team at Hurwitz Law Group, attorney Brian Hurwitz has built a reputation in the Los Angeles legal community for effective representation and extraordinary client service. If you need a restraining order, we’ll work to make sure that you have full legal protection. If you challenge a restraining order, we’ll see to it that you are treated fairly and justly by the court.
Hurwitz Law Group provides prospective clients with a confidential phone consultation with no cost or obligation. To obtain or challenge a restraining order in Southern California – currently or in the future – or if you simply need to learn more, contact Hurwitz Law Group at 323-310-9677.
If you’re charged with a “violent” or “serious” felony in the Los Angeles area or anywhere in Southern California, you must contact a Los Angeles criminal defense attorney promptly for the legal counsel and defense representation you will need. Here’s why.
California’s controversial three strikes law imposes a 25 years to life prison sentence on anyone who receives a conviction for a violent or serious felony when that defendant has already received two or more violent or serious felony convictions.
Additionally, the three strikes law also doubles the sentence for anyone who is convicted a second time for a serious or violent felony in this state. However, a Los Angeles criminal defense lawyer will help you fight a three strikes sentence in several different ways.
Twenty-eight states now have some version of a three-strikes law. California’s version took effect in 1994. It is a law that substantially increases the penalties for anyone who is convicted of a violent or serious felony after one or two previous convictions for violent or serious felonies.
Originally, the three strikes law in California applied to any felony conviction after two violent or serious felony convictions. Defendants in this state were receiving 25 years to life sentences for nonviolent thefts and non-violent drug crimes.
However, in 2012, voters in California passed Proposition 36. As a result, third strike penalties now apply only if the third conviction is also for a violent or serious felony (with exceptions for felony sex crimes and crimes committed with a firearm or another deadly weapon).
If you are charged with a third violent or serious felony after convictions for two violent or serious felonies, you face a 25 years to life sentence. If the pending charge is for another crime, and you’re convicted, the sentence in most cases will be double the usual sentence for that crime.
However, in any of the following situations, a criminal defendant may receive a 25 years to life sentence for a third conviction even if that third conviction is not for a violent or serious felony:
As of 2022, more than a third of the offenders in California prisons were serving sentences lengthened by the three strikes law. About 28 percent of the inmates were serving doubled sentences, and about 8 percent were serving third strike sentences of 25 years to life.
A strike under the California three strikes law is a conviction for either a “serious” felony or a “violent” felony. Serious felonies include but aren’t limited to robbery, first-degree burglary, and any felony where a perpetrator uses a firearm or inflicts great bodily injury.
At the start of 2024, child sex trafficking was added to the list of serious felonies. “Violent” felonies in this state include but are not limited to murder, voluntary manslaughter, rape, forced sodomy or oral copulation, extortion, kidnapping, carjacking, and arson.
Convictions for comparable serious and violent crimes in other states may also count as previous convictions under the California three strikes law. Several juvenile crimes may also count as previous convictions if a defendant was age 16 or older when the crime was committed.
If you’re charged with a serious or violent felony after two convictions for violent or serious felonies, you are facing the possibility of life in prison. You must be advised and represented by a Southern California criminal defense lawyer, and you must contact that lawyer immediately.
You can only be convicted of a third violent or serious felony if the state can prove your guilt beyond a reasonable doubt. Your defense attorney will work to cast doubt on the state’s evidence and will work to have the charge against you dropped or the case against you dismissed.
If these options are not available, your attorney may negotiate a plea bargain to have the charge reduced, but if you’re innocent, insist on a jury trial. At trial, your defense attorney will explain to the jurors why you are innocent of the current charge and why they should find you not guilty.
You may also avoid a 25 years to life sentence for a third strike conviction in California by having your Los Angeles criminal defense lawyer file a Romero motion asking the court to dismiss one or both of the first two strike convictions.
In People v. Romero (1996), Jesus Romero was convicted of possessing 0.13 grams of cocaine but faced life in prison due to two past convictions for burglary and attempted burglary. Instead, the judge dismissed one of the previous convictions and Romero was sentenced only to six years.
If the judge grants your Romero motion, your sentence in your pending violent or serious felony case – if you are convicted – will not be increased as it usually would under the three strikes law.
When California judges dismiss strike convictions in these cases, those convictions are not expunged or sealed and do not vanish from an offender’s criminal record. The court dismisses a strike conviction exclusively for the purpose of sentencing for the pending conviction.
Thousands of attorneys practice in Los Angeles, but if you’re accused of a violent or serious felony, you’ll need to contact an experienced, award-winning defense attorney with a reputation for legal excellence. You’ll need to contact attorney Brian Hurwitz at Hurwitz Law Group.
Los Angeles criminal defense attorney Brian Hurwitz will examine the evidence in your case and develop an aggressive, effective defense strategy. He will work to have the charge against you dropped or dismissed, to negotiate an acceptable plea deal, or to win a not guilty verdict at trial.
Hurwitz Law Group offers affordable fees and payment plans, and we offer no-cost, confidential phone consultations to our prospective clients. If you are accused of a violent or serious felony in Southern California, now or in the future, call Hurwitz Law Group promptly at 323-747-7484.
A restraining or protective order is a court-issued mandate that can protect a person from being physically or sexually abused, threatened, stalked, or harassed. The order may extend to the protected person's family or household members, pets, or property. The order may include personal conduct orders such as not contacting, harassing, threatening, etc, the protected party. It may also include stay-away orders that indicate a specific distance to maintain between the two parties and a residence exclusion order that forces the restrained person to move from a shared residence. While a domestic violence restraining order is the type of order typically pertinent to child custodial decisions, it is not the only one that can have an impact.
There are three types of restraining orders associated with domestic violence. They are listed and defined as:
When dealing with child custody cases and domestic violence, judges must follow specific rules to determine custody. First, a custody case will be treated as a domestic violence case if, in the last five years, either parent was convicted of domestic violence against the other parent or a court has decided that a parent has committed domestic violence against the other parent or the child(ren). If a judge decides a custody case is instead a domestic violence case, the judge cannot give joint or sole custody to the offending parent. Still, that parent may be able to get parenting time or visitation rights with the child. In this case, a judge may apply a rebuttable presumption, which is a legal assumption that can only be overruled by convincing evidence. This assumption is important because it places the burden on the abusive parent to demonstrate why he or she should be considered for custody or visitation. Special circumstances that allow a judge to grant joint or sole custody to the abusive parent are:
There are two types of custody typically considered, and both can be granted as sole or joint custody.
Legal custody is the duty of the assigned parent to make important decisions for the child, such as health care, education, welfare, etc. Physical custody address where the child will live. Judges handling these types of custodial cases must consider several factors to ensure the best interest and safety of the child and the child's family members are maintained. To do this, judges must also consider any history of abuse by a parent against any of the following people:
When these allegations are considered, a judge may also look at evidence that independently substantiates the accusations. This can be from law enforcement reports, child protective services records, medical facilities, or social welfare agencies.
When two parents cannot agree on a parenting plan for their child, they will have to go to custody mediation. In mediation, a mediator or child custody recommended counselor will intervene to help two parties agree on a parenting plan for the child. A parenting plan determines who the child will live with and who makes important decisions for the child. Mediators are court employees. If a parent is worried about their own or their child's safety, the mediator should know. It is also within a parent's right to request to meet separately with a mediator if a restraining order or accusations of domestic violence are present.
A domestic violence restraining order is not the only order that can prevent custody and visitation rights.
A major part of a custodial hearing is proving the safety of the child. If a parent is found to have a history of violence or dangerous behavior, a judge would be within their means to deem that parent unfit for custody.
Deciding child custody is not easy. When adding potential violence or restraining orders to this already tough situation, you can quickly find yourself overwhelmed. Do not take this fight on alone. Ensure the safety and care of your child is in proper hands. Call Hurwitz Law Group today at 323-747-7484 or fill out our contact form for a free consultation.
Being arrested and convicted of a DUI in California is a serious matter that can potentially affect your ability to drive and maintain your employment, as it could result in a suspension of your driver's license. The California government has recently enacted a new law that relies on the use of IIDs to monitor drivers convicted of DUIs while giving them a chance to avoid a license suspension. Learn the facts about IIDs, how they work, and what the new California IID law says concerning multiple DUI offenses.
An IID or Ignition Interlock Device is a small device connected to a car's ignition. It is programmed to detect alcohol in the driver's breath and will not allow the car to start if it contains any alcohol. The device requires the driver to test their breath by blowing into the IID before starting their vehicle and at regular intervals while the car is in operation.
If the device detects alcohol, it will set off an alarm, and the car will not start. If the vehicle is already in operation, the IID won't likely shut off the engine, but if the driver fails a random breath test, the test will be recorded as a violation. The IID is meant to work as a deterrent to drunk driving and as another way to increase public safety, as it can prevent drivers from operating a vehicle while intoxicated.
Recently, the state of California has begun a program called the Statewide Ignition Interlock Device Pilot Program. The program aims to reduce drunk driving accidents by requiring repeat DUI offenders and any DUI offenders who have caused an accident with injuries to install IIDs in their vehicles for one to four years.
The new program also allows certain convicted DUI offenders to avoid license suspension by agreeing to install an IID in their vehicles as soon as they are eligible. It also allows first-time DUI offenders who did not cause any injury to choose between installing an IID and having full driving privileges or skipping the IID installation but having a restricted license that only allows them to commute to/from work or a DUI treatment program.
The new IID law can bring benefits for those dealing with a DUI conviction that resulted in injuries and those dealing with multiple convictions within the past ten years. For eligible individuals, it may allow them to skip any waiting periods and continue driving without having their license suspended.
In some cases, the court may order a DUI driver to have an IID installed in their vehicle for a certain period of time, depending on the severity of their offense. In other cases, the driver may apply to have an IID restriction in exchange for maintaining their ability to drive. It is important to note that once a driver is required to install an IID in their vehicle, it is the driver's responsibility to pay all associated costs to install and maintain the device, including servicing it every 60 days and any mandatory calibration.
If you have been ordered to install an IID in your vehicle, you are expected to do so in order to have your driving privileges reinstated. If you continue to drive, you may be facing penalties for driving while on a suspended license. However, some drivers may be able to apply for an IID exemption, which allows them not to install the device in their vehicles but still requires them to complete their DUI program and full suspension or revocation term.
If you have been charged with a DUI, the best thing you can do is try to avoid a conviction by speaking to a DUI attorney as soon as possible. The Hurwitz Law Group is here to help. Call us for a free consultation at 323-310-9677.
While the recreational use of marijuana is legal in California and across many other states, operating a motor vehicle while under the influence of any drug is still against the law in the Golden State. But is there a legal limit for THC levels in a driver's blood? How does law enforcement determine that a driver is impaired due to marijuana use? Our attorneys review marijuana and DUI laws in California and explain what to do if you are facing DUI of marijuana charges.
Marijuana is now legal for adult medical and recreational use in California. However, marijuana users are still subject to strict regulations determining how much marijuana they can carry at one time and where they are allowed to smoke it.
Current laws limit marijuana users to possessing about one ounce of the drug for personal use. If an individual is in possession of more than 28.5 grams of marijuana or eight grams of concentrated cannabis, they may be facing penalties that could include fines, mandatory drug education and counseling, community service (for persons under 18), and even imprisonment (for those 18 or older). In addition, you may not have any amount of marijuana while present at a school campus, and smoking in public is not allowed.
Drivers in California are considered to be intoxicated if their blood alcohol level is at or above 0.08%, which is the legal limit that determines how much alcohol an individual may have in their system before being deemed impaired to operate a motor vehicle. However, California has no official legal limit for THC levels in the blood at this time.
This is because there is no reliable way to test the levels of THC in a person's blood. The currently available blood and urine tests cannot pinpoint when marijuana was used and how much, and there seems to be no general consensus on how much marijuana a person can use before being considered legally impaired. For example, if a person is a habitual marijuana user, a blood test can indicate THC levels up to a month after smoking or ingesting weed. However, it is still illegal for a driver to be under the influence of any drug while operating a motor vehicle in California.
DUI of marijuana is an offense similar to a regular DUI due to alcohol consumption in the sense that a driver is deemed to be "under the influence of marijuana." That typically means the driver's mental or physical abilities are impaired enough that they are unable to operate their vehicle with the ordinary care and caution of a sober person.
Since chemical and field sobriety tests are not usually enough evidence for the state to show that someone was impaired due to marijuana use, other evidence, such as the way the defendant was driving and what they stated to the police officer. In addition, other factors may also be used to prove the prosecution's case, including whether the individual presented common physical symptoms of intoxication by marijuana, such as dilated pupils, red eyes, and a strong marijuana odor coming from their body, and the arresting officer finds the defendant in possession of any amount of marijuana or drug paraphernalia.
Most marijuana DUI cases are penalized like other DUIs and charged as misdemeanors unless the intoxicated driver has caused injury or death to a third party or has previous convictions. The penalty for a misdemeanor DUI can include probation, fines, and license suspension. Penalties for a felony DUI are more severe and can result in prison time and fines.
Because there is no reliable chemical test to prove a driver was impaired due to using marijuana, a DUI defense attorney has many opportunities to fight the prosecution's arguments. If you are facing marijuana DUI charges, contact the attorneys at the Hurwitz Law Group as soon as possible by calling 323-310-9677.
Being charged with a crime is an overwhelming situation that can turn a person's life upside down and put all their future plans and dreams on hold – possibly for an indefinite period of time. In certain cases, a person charged with a crime may be given the option to take a plea bargain instead of going to trial. Our Sherman Oaks criminal defense attorneys explain how plea bargains work in California and how an attorney can help you make the right decision for your case.
A plea bargain is a type of agreement made between the prosecutor and a defendant. Instead of going to trial, a defendant charged with a crime agrees to plead guilty in exchange for an advantage, which can be lesser charges or reduced sentences. A plea bargain can also give the defendant the opportunity to have other additional charges dropped. Once the defendant accepts the plea bargain, the defendant is automatically convicted of their charges and will serve their sentence without having to go to trial or appear before a jury.
In California, there are two different types of plea bargains available. A charge bargain can occur when the defense attorneys are able to negotiate a lesser sentence. For example, if someone was charged with vehicular homicide after driving while intoxicated and accidentally killing someone, an attorney may be able to convince the prosecution to downgrade the charges to vehicular manslaughter.
In contrast, a sentence bargain can happen when the defendant agrees to the charges in exchange for a reduced or more lenient sentence. For example, instead of risking receiving the maximum sentence for their offense, the defendant may plead guilty to the charges and be able to avoid jail time or spend less time in jail and go on probation. Each case is different, so always speak to an attorney to get advice on your specific case.
Plea bargain offers can happen at any point before the trial and are usually a result of negotiations between the defense attorneys and the prosecution. In many cases, the defense attorney may approach the prosecutor and propose a plea bargain on behalf of their client when they believe their client would have a better outcome for their case by avoiding trial. In other cases, the prosecution may take the first step and offer a plea bargain to a defendant in exchange for information that could help the investigation of a larger crime, such as the defendant's contact person in a criminal organization or drug cartel.
Plea bargain offers typically take place early in the process during pre-trial proceedings or at any point before the trial date. Some plea bargains may have an expiration date attached to it, meaning the defendant needs to make a decision and accept it or decline it before the expiration date. It is worth mentioning that once the trial reaches the point when the jury hands over a verdict to the judge, plea bargains are no longer allowed.
If you are facing criminal charges and have received a plea bargain offer, it is crucial to thoroughly discuss it with your attorney before making the decision of accepting it or rejecting it and taking your chances by going to trial. There are several advantages and disadvantages associated with a plea bargain, and the specifics of your case will dictate whether or not a plea bargain would be in your best interest.
Some of the key advantages of a plea bargain are the possibility of avoiding the maximum sentence for the crime you are being charged with, as well as potentially de-escalating your charges by pleading guilty to a less serious crime. It may also be a way to help a defendant avoid aggravated charges for their case. Because your case won't go to trial, it will take less time to resolve and may result in lower legal fees and court costs. On the other hand, accepting a plea bargain means you will automatically be found guilty and will have a criminal record, which could affect you in the future and limit your opportunities in terms of employment, education, and housing.
When you are facing criminal charges, making the decision of whether to accept a plea bargain or take your chances by going to trial is perhaps one of the most difficult decisions a defendant may ever have to face, as it can determine what will happen to them and their future. The only person who can give you advice on whether to accept a plea bargain or turn it down is your criminal defense attorney.
In general, a criminal defense attorney may recommend their client to accept a plea bargain when they do not believe the client's case would do well in court. If the prosecution has strong evidence against the defendant and the jury is convinced that the defendant committed the crime as described by the prosecution, the defendant may be at risk of being charged and receiving the maximum sentence, making a plea bargain offer a safer choice. However, if the defendant does not want to plead guilty to a crime because they want to prove their innocence and the case is likely to do well in trial, refusing the plea bargain may be a reasonable option.
In the end, there is no right answer, as each case is unique. If you are facing charges, have received a plea bargain, or need legal advice and representation, contact the Hurwitz Law Group at 323-310-9677 to discuss your case.
Restraining orders can be a valuable tool to help domestic violence victims receive protection against their abuser and can also be beneficial to help the parties maintain a safe distance while their family law case is pending. But what happens when the restraining order expires? Are victims allowed to ask for the order to be extended or modified in any way? Our Los Angles restraining order attorneys answer these and other common questions about restraining orders in California and explain why getting legal help to change or extend a restraining order may be the right thing to do for your case.
When issuing a restraining order between two parties, California courts may set an expiration date of up to five years for the first restraining order. In other words, the first time you secure a restraining order against your ex-spouse, for example, the court may look into the specifics of your case and decide that your restraining order should last anywhere from a few months to a maximum of five years.
It is worth noting that some restraining orders may not have a written expiration date. When that happens, it does not mean that the order will last indefinitely. In most cases, the order will automatically expire three years from the date when it was issued. The length of a restraining order varies depending on the severity of the threat against the protected party. If the court has enough reason to believe that the protected party is at risk of severe bodily harm or death, the order will likely last longer. If the court believes the situation between the parties is a lesser threat that will probably be resolved in a short time, the restraining order may not last for the full five years.
In some cases, the protected party in a restraining order has great anxiety and fear about what will happen once the order expires. It is not uncommon for an abuser to continue affecting the victim even after their family law case has been concluded. If you are a protected party and have a restraining order that is due to expire soon, you may be able to ask the court to extend your order as long as you observe certain requirements when submitting your request.
In order to ask the court to extend a restraining order, you need to submit an application no later than three months before the restraining order is set to expire. California laws do not necessarily require the protected party to submit evidence of abuse in order to be granted an extension of their protection order, but you may have to be ready to explain your reasons for requesting the extension and demonstrate that your fear is genuine and that you still believe you may be at risk of being harmed if the restraining order is allowed to expire.
If the court accepts your request, your restraining order may be extended for another five years or may be made permanent. If the renewed order is set to expire in five years, you may repeat the process and apply for another renewal three months prior to the expiration of the new restraining order.
Either party in a restraining order may request a modification of the order, and, in some cases, the prosecution handling the domestic violence case may also request a modification. In some cases where a restraining order requires the defendant to move out of the home they may share with the victim or cut off access to their children, the defendant may ask for a modification of the criminal protective order, claiming that they are unable to comply with some or all of its terms due to financial hardship, for example.
In other cases, the protected party may also request a modification in an attempt to seek reconciliation with the defendant or allow the defendant to have contact with their children. It is not unusual for a criminal court to defer the decision of modifying restraining orders to a family court whenever the parties have an ongoing custody and visitation case. Some restraining orders may be downgraded from a full stay-away and no-contact order to a peaceful contact order, which allows the defendant to maintain contact with the victim but prohibits the defendant from threatening or harming the protected party in any manner.
If a defendant has previously convinced the court to modify their domestic violence restraining order to a more lenient format and has since violated the order, the prosecution may ask the court for a modification. If the court agrees, the order may be modified to full no-contact, and the defendant may also be facing consequences for violating the terms of their restraining order.
If you are a party in a restraining order and wish to have your order changed or extended, it may be in your best interest to contact an attorney. While you are not required to have an attorney for this process, it may be beneficial to rely on the skills and knowledge of a skilled professional to ensure you are taking all the correct steps in your case. Whether you are seeking to have your order modified to a less strict level, such as a peaceful contact order, or have reasons to believe you are still at risk as a victim and need to extend your restraining orders to protect yourself, contact the Hurwitz Law Group at 323-310-9677 to learn more about how we can help you.
If an individual has reasons to believe that another person's behavior is putting them at risk of bodily harm, that individual may request a California court to restrain the other person's behavior by limiting what the other party can and cannot do. This procedure is called a restraining order and can be a vital tool in domestic violence cases as well as in civil harassment cases. But what are the steps to obtain a restraining order if you live in Los Angeles County, and why should you speak to an attorney? Get the facts and see how an attorney can help you.
In California, there are four main types of restraining orders. The type of restraining order a victim can file depends on their relationship with the alleged abuser. If the victim and the abuser are married, divorced, separated, dating (or used to date), have children together, live or used to live together, or are closely related (a parent, sibling, child, or close family member), then the victim may file for a domestic violence restraining order.
If the victim and the abuser do not have a qualifying relationship as described above, but the victim has been the target of violence or credible threats of violence, they may file for a civil harassment restraining order. This type of order can apply to anyone who is not in a close relationship with the protected person.
Other less common types of restraining orders include elder abuse restraining orders and workplace violence restraining orders. An elder abuse restraining order can be requested for the protection of an elderly person who has been the target of physical abuse, financial abuse, abandonment, or neglect. A workplace violence restraining order can be requested by employers on behalf of an employee who has been a target of violence, threats of violence, stalking, or severe harassment at the workplace.
Restraining orders can have different levels of restrictions dictating how much contact the defendant can have with the protected party. Restraining orders can vary from full stay-away, no-contact orders, which require the defendant to maintain a set distance from the protected party at all times and cut off all communication, to peaceful contact orders, which allow the defendant to maintain contact with the protected party but prohibits the defendant from engaging in any violent or threatening behavior, or issuing threats through a third party.
In some cases involving civil harassment and, most commonly, domestic violence, the victim may obtain immediate protection through emergency restraining orders or temporary restraining orders. For example, if a domestic violence victim calls 911 and an officer responds to the call, the officer may ask the judge to issue an emergency restraining order to give the victim protection in order to allow them to go to court and request a temporary order. An emergency order typically lasts for not more than seven days.
A temporary restraining order allows a domestic violence victim to obtain protection right away instead of putting themselves at risk and exposing themselves to their abuser while waiting for a court hearing to obtain a permanent restraining order. If the victim believes they are at risk, they may request the court to grant them a temporary order at the time when they file for their permanent orders. A temporary restraining order lasts for about 15 days or until the victim's court hearing date and does not require the alleged abuser to be present in court.
Obtaining a temporary domestic violence restraining order is one of the first steps for a victim to be granted a permanent restraining order protecting them from their abuser. The process to request a permanent restraining order in a domestic violence case is to visit your local court clerk and request all the necessary forms, fill them out, and take them to the court. An attorney can assist you by helping you make sure your forms are completed correctly and that requesting a domestic violence restraining order is the right choice for your case.
Once you turn in your paperwork to the court, you may obtain a temporary restraining order if you requested one. The next step is to attend a court hearing, which usually happens a couple of weeks after your initial application for a restraining order. The person you are seeking protection against will also be required to attend the hearing. At the end of the hearing, the judge will make a decision and may issue a permanent restraining order for a maximum of five years.
If you are looking to obtain a restraining order for a domestic violence case or need help contesting a restraining order that has been issued against you, it may be in your best interest to consult an attorney to discuss your case. Both parties in a restraining order may request the court to modify it and make it more or less lenient, extend it past the five-year mark, or cancel it before it is set to expire.
The attorneys at the Hurwitz Law Group have extensive knowledge of all types of restraining orders available in Los Angeles County and can assist you with the steps required to obtain, extend, or modify a restraining order. We can also provide you with quality legal advice to help you deal with any challenges a restraining order may bring concerning child custody and visitation arrangements. Contact our law firm by calling 323-310-9677 and requesting a free initial consultation to discuss your case and see how we can help you.
According to the California Department of Motor Vehicles 2021 DUI Management Information Systems Report, the DUI arrest rate per 100,000 licensed drivers in California was 455 for the year 2019. The report also shows the state takes DUI offenses very seriously, with over 71% of DUI arrests resulting in convictions.
Yet, as many as 27.5% of all convicted DUI offenders arrested in 2019 were repeat offenders, meaning they had at least one other DUI offense on their record within the past ten years. Learn more about the penalties a multiple DUI offender may be subject to in California and some common defense strategies a DUI defense attorney can use.
In California, any driver over 21 is considered intoxicated if they are under the influence of drugs or alcohol. If the driver has ingested alcoholic drinks and their BAC (Blood Alcohol Concentration) reaches a limit of 0.08% or higher, they may be charged with a DUI offense (Driving Under the Influence). Drivers under 21 are subject to the state's zero-tolerance policy, which sets the legal BAC limit to as little as 0.01%, meaning a young driver can get a DUI with any alcohol in their blood.
The DMV's DUI report also states that the average BAC of a convicted DUI offender in 2018 was 0.16%, double the legal limit of 0.08%. It is also worth mentioning that a person is not allowed to drive under the influence of drugs – including certain prescription drugs, controlled substances, and illegal drugs that make a driver mentally or physically impaired and unable to operate a motor vehicle like a sober person.
If a person commits another DUI within ten years of their first offense, they can expect to face progressively harsher penalties. Most second-time DUI offenders may expect to be sentenced to some jail time. The typical jail sentence for a second DUI offense can be 90 days on average, but each case is unique, and penalties can vary between the mandatory minimum of 96 hours up to one year in a county jail.
In addition to jail time, a second DUI offense may result in three to five years of summary probation, a variety of fines and penalty assessments that can quickly add up to over $2,000.00, and mandatory attendance of a DUI course. The driver may also be subject to a license suspension. Still, the suspension can be lifted, and the driver may be allowed to carry a restricted license by applying to install an IID (Ignition Interlock Device) and maintaining it for at least one year.
Sentences for a third DUI in California also involve fines, jail time, and administrative penalties. However, instead of 96 hours, third-time DUI offenders may be subject to a minimum mandatory jail sentence of 120 days in the county jail and a maximum of one year. Fines and penalty assessments are also steeper, bringing the total to almost $2,500.00. Installing an IID for two years, attending DUI school for at least 30 months, and serving three to five years of summary probation may also be required.
A fourth DUI conviction for someone with three other DUIs within the past ten years could result in a wobbler offense. That means a fourth DUI could be charged as a misdemeanor or felony. If your fourth DUI is a misdemeanor, your minimum mandatory jail sentence is 180 days. If the DUI offense is convicted as a felony, you may be looking at a state prison term of up to three years, serve at least half of your time in custody, and be subject to a longer summary probation sentence of 5 years or more. Any subsequent DUI offenses after your fourth one may be automatically considered felonies and would likely result in maximum sentences.
In addition to any criminal penalties you may face for multiple DUIs, additional administrative penalties may be issued by the DMV. These penalties affect the status of your driver's license and your ability to drive. Here are some of the possible penalties you may be looking at:
As you can see, multiple DUI convictions can affect your life in many different ways. You may be facing criminal and administrative sentences that affect your ability to drive, stay employed, and seize future opportunities in life. At the Hurwitz Law Group, you can get legal representation to help you fight your DUI charges and seek a better outcome. Our skilled DUI attorneys can question the evidence presented against you, such as the validity of blood tests and the legality of the traffic stop that resulted in your DUI charges. Each DUI case is unique, so contact our firm at 323-310-9677 to discuss the specifics of your case.
When law enforcement suspects a driver may be under the influence of drugs or alcohol, they may subject that driver to a variety of tests to confirm the impairment and measure to what extent the driver is intoxicated. But what are these tests? How do they work, and, most importantly, what happens if you refuse to take them? Our attorneys discuss how DUI test refusals are handled in Los Angeles County and the possible consequences of refusing a DUI test.
In California, licensed drivers are subject to the implied consent law, which means that anyone with a valid driver's license has provided their consent to submit to chemical DUI testing at the time they applied for the license. Chemical testing includes breath samples (using a breathalyzer device) as well as blood and urine samples. In addition, drivers may also be asked to perform a field sobriety test when pulled over by a law enforcement officer.
The breathalyzer test works by detecting alcohol vapor in a person's breath. The individual is asked to blow into an alcohol tester called a breathalyzer. If any alcohol is present, the machine is capable of detecting it and measuring its concentration, indicating the person's BAC (Blood Alcohol Content). Blood tests and urine tests are conducted by obtaining a sample from the individual and sending it to a lab for analysis. In general, blood tests typically offer more accurate results than breath or urine tests, but none of the three DUI testing methods offer 100% reliability and can be subject to errors and inaccuracies.
Another tool that is often used by law enforcement in suspected DUI cases is the field sobriety test. A field sobriety test is a combination of a series of tasks to help evaluate a driver's mental and physical condition in order to determine if they are impaired by the consumption of alcohol or drugs. As part of a field sobriety test, an officer can ask a person to perform a horizontal gaze test (follow a pen or pencil move from side to side without tilting their head), walk in a straight line, and even stand on one foot for 30 seconds.
Field sobriety tests tend to yield controversial results – they have been criticized as being inaccurate and highly subjective. It is totally up to the officer to determine whether you've "passed" or "failed" the test, and there is a high probability that the results from any part of the rest could be misinterpreted and lead the officer to believe that a person is intoxicated. In addition, California drivers are not obligated to take a field sobriety test and can politely refuse to do so without any negative consequences. However, it is worth noting that if you refuse a field sobriety test, you may be asked to submit to a chemical test such as the breathalyzer.
Because of the implied consent law, California drivers are expected to agree to submit breath, blood, or urine samples to law enforcement when arrested for a DUI. The breathalyzer test can usually be conducted at the police station, while a blood and urine sample may be collected at the station and sent to a laboratory for analysis.
In other words, simply by having a valid driver's license, law enforcement understands you have given your implied consent to chemical testing. While you can technically refuse to submit to chemical testing, the implied consent law prescribes several legal implications for a refusal.
The most common consequence of refusing a chemical test for a DUI is immediate license suspension. In addition, you may be facing longer jail time, have your license suspended for additional time, and have to participate in longer DUI school programs.
If you are facing DUI charges and need help protecting your rights, reach out to the Hurwitz Law Group. Our lawyers are available to assist you with your DUI case in Los Angeles County and surrounding areas. Call 323-310-9677 to learn more.
