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 323-244-4147.
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