Restraining orders are an important tool in cases such as domestic violence, as they can provide some protection to a victim who feels like their safety and well-being is threatened by another person. In California, there are a few different types of restraining orders, depending on the relationship between the protected person and the alleged abuser.
Our attorneys provide an overview of how restraining orders work in Encino and across the state of California and explain why working with a restraining order attorney may be beneficial for your case. If you have questions about filing or responding to a restraining order, contact the Hurwitz Law Group at 323-310-9677.
A restraining order is a legal document issued by a judge ordering one person to stay away from another. It can include restrictions on contact, communication, or even a certain geographic area. The goal of a restraining order is to protect a person from any further physical harm or abuse.
Restraining orders can be commonly issued in cases of domestic violence. They can also be used to protect a victim from threats, stalking, harassment, assault, and other forms of physical or emotional abuse. They can also be issued to prevent the destruction of property or to stop an alleged abuser from having any communication with the protected party. In addition, a restraining order may also protect a person from an abuser who is not a family member, such as a distant relative, neighbor, or coworker. Because it is a court order, the violation of a restraining order can result in significant consequences for the alleged abuser.
There are a few different types of restraining orders in California. It is important to understand the situations in which each restraining order typically applies so you can select the appropriate one for your case.
One of the most common types of restraining orders is a Domestic Violence Restraining Order (DVRO) for domestic violence cases. You may file for a DVRO if you are or were in a qualifying relationship with the person you are seeking protection against. That includes a current or former spouse, a current or former dating partner, the parent of your child, a close relative (such as a parent, brother, sister, or in-law), or someone who lives in the same household as a cohabitant.
If the person you are seeking protection against is not an intimate partner or family member, you may file for a civil harassment restraining order. The process of filing DVROs and Civil Harassment restraining orders is similar, but while a civil harassment order can protect you against almost anyone, it is also a bit more limited and requires more evidence than a DVRO. If you find that your situation qualifies for both types of orders, it may be best to speak to an attorney to be sure you are selecting the appropriate type of restraining order for your case.
Once you file for a restraining order, the judge may examine your application and grant you an ex parte order, which is a temporary order that lasts until your court hearing date. During this time, the other party should be served with court papers informing them that a restraining order is being filed against them and giving them an opportunity to appear for a court hearing.
The next step is for both parties to appear at a restraining order hearing, where the judge will decide whether to grant the applicant a permanent restraining order valid for up to five years. During this hearing, you may present evidence of the abuse in order to justify your request for a permanent restraining order, and it may be a good idea to bring an experienced restraining order attorney with you to help explain your case to the court and increase your chances of receiving a positive outcome. If granted, a permanent restraining order can last for up to 5 years.
If you have been informed that a restraining order has been filed against you, you should respect the terms of the order even if you disagree with them, as violating a restraining order can be viewed as contempt of court. You should also reach out to a restraining order attorney as soon as possible.
Once you have been served, you can expect to have a hearing within a few weeks. During that time, you may want to work with your attorney to build a strong case in your favor in order to convince the court that the restraining order is not necessary or that it would cause you undue hardship. For example, if the order requires you to move out of your house and have no contact with your family, you may argue that you do not have the financial means to move out and that your parental rights would be affected. At the hearing, you will have the opportunity to fight your restraining order, and having an attorney present may be in your best interest.
Whether you have reason to believe you need to seek protection from the court by filing a restraining order or you want help fighting a restraining order filed against you, speaking to a skilled restraining order lawyer should be your first step. The Hurwitz Law Group has assisted countless clients in the Encino, CA area with restraining order matters. Contact our law office at to learn more about how we can help you.
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