Dedicated Temporary Protective Order Defense Attorney in Los Angeles, CA, Helps Clients Fight Unreasonable Restraining Orders of All Kinds in Los Angeles County, Orange County, Ventura County, and Throughout Southern California
Being served with a temporary restraining order means there’s no time to lose. Already, you’re subjected to the restrictions of a court order that limits what you can do and potentially where you can go. In some cases, you may have to immediately turn over firearms you possess or find a new place to live, at least for the short term. Having an experienced Los Angeles protective order lawyer on your side can help you make sense of the restrictions you’re facing right now and prepare to fight a permanent restraining order in the future.
At The Law Offices of Christopher Chaney, we routinely assist people in situations like yours. Contact us today to get your questions about a temporary restraining order answered during a free, confidential consultation.
Help for Temporary Restraining Orders in Los Angeles, CA
A trusted restraining order lawyer can help you prepare for your court hearing and make sure you understand what’s required of you to comply with a temporary protective order in the meantime.
How Long Does a Temporary Order of Protection Last in Los Angeles?
As the name suggests, a temporary restraining order isn’t a long-term measure. Instead, it is intended to last until a court hearing, typically scheduled within 20 to 25 days of when the TRO goes into effect. At this hearing, a judge will determine whether or not to issue a permanent restraining order.
Areas Our Los Angeles Protective Order Lawyer Serves
The Law Offices of Christopher Chaney assists clients in fighting unreasonable restraining orders all over Los Angeles, including:
- Downtown L.A.
- Beverly Hills
- Hollywood
- West Hollywood
- Hollywood Entertainment District
- Long Beach
- Santa Monica
- Pasadena
- Melrose
- Studio City
- Universal City
- Silver Lake
- Westwood
- Venice
- Wilshire
- LAX
- Chinatown
- Little Tokyo
Our office locations are conveniently located in Century City (Avenue of the Stars) and Van Nuys (Sylvan Street). No matter where in Los Angeles County, Orange County, Ventura County, or Southern California you’re facing a protective order, we’re prepared to bring our extensive experience in criminal defense and restraining order matters to your case.
A Defendant’s Guide to Temporary Protective Orders in California
If you have received notice of a temporary restraining order against you, here’s what you need to know about protective order procedures in CA.
What Is a Protective Order?
A protective order, or restraining order, is a court order that a judge issues with the intention of protecting a person from harm, abuse, or harassment. Restraining orders can be temporary, lasting a short time, or permanent, potentially lasting for years.
Protective orders are usually issued when someone has been accused of domestic violence, physical abuse, sexual assault, harassment, or stalking. When a restraining order has been unreasonably sought against you, you can turn to a Los Angeles protective order lawyer at The Law Offices of Christopher Chaney for help.
What Is a Temporary Restraining Order (TRO)?
In California, a temporary restraining order is a short-term court order that generally lasts until a hearing is held to determine whether a permanent protective order should be granted. The purpose of temporary restraining orders in CA is to provide the alleged victim with immediate protection during the process of deciding whether more long-term restrictions on the defendant are reasonable and necessary for the protected person’s safety.
Temporary restraining orders may be filed in all types of restraining order cases in California:
- In domestic violence matters, Form DV-110 notifies defendants if a judge has issued a TRO against them.
- In civil harassment matters, Form CH-110 notifies the defendant of the temporary restraining order.
- In matters of elder abuse, Form Form EA-110 notifies the restrained person of a TRO against them.
- The form that notifies defendants of a TRO in gun violence restraining order matters is Form GV-110.
- Temporary restraining orders associated with workplace violence restraining orders are communicated through Form WV-110.
- In school violence restraining order matters, Form SV-110 notifies the restrained person of a TRO.
Temporary restraining orders and notice of restraining order proceedings are personally served to the restrained person by a process server or law enforcement officer, ensuring that you, as the restrained party, are aware of the order and the court date.
Although temporary restraining orders may be filed in any of these cases, a person can also petition to file a permanent restraining order even if a TRO is not requested or not granted by the judge.
However, seeking legal advice and assistance is particularly important when the documents served to the defendant indicate that a temporary restraining order is in effect. Failing to comply with this short-term restraining order could result in facing criminal charges.
What Does a Temporary Protective Order Include?
A temporary restraining order specifies the protections afforded to the petitioner and the restrictions imposed on the defendant. These protections may vary by the type of restraining order being sought as well as the unique facts (as reported by the alleged victim) of the situation.
The restrictions placed on you are specific to the circumstances under which the court order was granted. Examples of some of the orders you may have to follow under a TRO issued in Los Angeles include:
- Not harming, threatening, stalking, or harassing the protected person
- Having no contact with the protected person through any means or for any reason
- Not taking any actions to locate the protected person or obtain their address
- Staying a specified distance away from the protected person and potentially their home, workplace, or other places they go to regularly
- Moving out of a home you share with the person who has requested a restraining order against you
- Not possessing any guns or ammunition, which may mean being required to immediately store, sell, or surrender any firearms you currently own
The restrained person has to comply with the orders imposed by the TRO in the short term, but that doesn’t mean they have no options for contesting a petition for a permanent protective order. If you disagree with having a restraining order imposed on you, your next step should be to hire a Los Angeles criminal defense attorney to fight the restraining order (either in its entity or only some of its conditions). Both parties involved may choose to retain attorneys to represent them in all proceedings.
Emergency Protective Orders in Los Angeles
Temporary restraining orders are just one of the kinds of protective orders available under California law. Another short-term type of restraining order is an emergency protective order.
Section 6250 of the Family Code of California law allows a law enforcement officer to call a judge and request for an emergency restraining order to be issued for the protection of a person they deem to be in immediate and present danger. This type of protective order can be granted by a judge day or night within 24 hours of a domestic violence incident.
An emergency protective order generally lasts only five business days or seven calendar days, during which the protected person can file for a longer-lasting domestic violence restraining order.
California Permanent Restraining Orders
A permanent restraining order issued against you will affect your life for much longer than the temporary restraining order does. If granted, a permanent restraining order may last up to five years for matters involving domestic violence, civil harassment, elder abuse, or gun violence and three years for workplace violence or school violence matters.
In certain situations, California domestic violence and civil harassment restraining orders can be extended or reissued.
How to Respond to a Temporary Protective Order Against You
Under certain circumstances, you will have to respond to the protective order papers you were served. Otherwise, you may file a written response if you choose to do so. Preparing for and attending your scheduled court hearing, preferably with the help of a restraining order lawyer, is another form of responding to the protective orders against you.
One specific instance in which you must respond to a temporary protective order against you in Los Angeles is if the order affects your ability to legally possess firearms in California. In this case, you will need to store, surrender, or sell your guns and turn in a form that proves you have complied with this order. You may have as little as 24 hours to comply and as little as 48 hours to file forms indicating your compliance.
In some domestic violence situations that involve financial support requests from the petitioner, you may also be required to complete an Income and Expense Declaration form.
You can respond to the request for a restraining order against you in writing by filling out an optional response form. However, it’s in your best interest to first speak to an attorney about your case. Your lawyer can review the facts of your situation and advise you whether a written response is likely to serve your interests and, if so, how to proceed with writing a response.
What Is a Restraining Order Hearing?
To obtain a permanent restraining order against you—whether or not a temporary restraining order has been granted—the petitioner must attend a scheduled court hearing and present their evidence in favor of granting the restraining order. The petitioner must attend the hearing, or the restraining order will not be granted. Both parties can present their case at the hearing.
How Can a Los Angeles Protective Order Lawyer Help Me With a Restraining Order Hearing?
You aren’t required to hire professional legal representation for a restraining order court hearing. This hearing, in and of itself, is not a criminal legal proceeding. You won’t be arrested or sentenced to criminal penalties if you lose the hearing (although it’s possible that the accusations that gave rise to the restraining order matter could also lead to criminal charges that may pose these consequences).
However, if the judge grants all requested protections against you, there’s a chance that your activities could be restricted for years. Not being able to contact the protected person is far from the only way a restraining order can affect your life. With a restraining order in place against you, you may be restricted from freely going places you want to go, even if you have no intention of contacting the protected person there. Your child custody rights and your ability to possess firearms may be restricted.
Hiring a Los Angeles temporary restraining order lawyer means you have an experienced professional overseeing your case and representing your interests. At The Law Offices of Christopher Chaney, we assist clients in restraining order matters by:
- Identifying and gathering evidence to support your arguments against issuing a restraining order
- Presenting your case at the court hearing
- Helping you prepare, including making sure you know what to expect in the courtroom
- Raising any concerns over legal technicalities, as well as false accusations or exaggerations, that may apply to your situation
Having an attorney on your side in a restraining order matter in Los Angeles means having peace of mind that you are exploring every avenue available to convince the judge not to issue a restraining order against you.
What Happens When Someone Violates a Temporary Order of Protection?
Los Angeles, CA, rules are stringent in implementing all restraining order laws. A violation of a TPO is a serious matter and can lead to arrest, fines, and jail time.
If you are concerned that you will have trouble complying with the orders issued against you under a TRO, or if you have questions about what steps to take next to be in compliance, you should talk to a Los Angeles Protective Order Lawyer as soon as possible. The Law Offices of Christopher Chaney offer free consultations, so you can seek legal advice about how to move forward and get more information about retaining an attorney to represent and advocate for you.
A defendant who has already been charged with violating a TRO in California needs an attorney who is familiar with both restraining order matters and criminal defense work. At this point, fighting the restraining order isn’t your only concern. You may be facing fines and jail time over the violation of the temporary protection order, and you need a strong legal defense to help you minimize the consequences of this situation.
Contact a Los Angeles Protective Order Lawyer at The Law Offices of Christopher Chaney Today for a Free Consultation
Although temporary, a TRO is a serious legal matter that could affect your life even more significantly if a permanent restraining order is issued. You shouldn’t face this situation alone. Having professional legal help on your side at a time like this is invaluable.
For help from a temporary restraining order attorney in Los Angeles, CA, contact The Law Offices of Christopher Chaney online or call (310) 209-3999 today.
