Skilled Domestic Violence Restraining Order Attorney in Los Angeles, CA, Assists Clients in Fighting Unreasonable Restraining Orders in Los Angeles County, Orange County, Ventura County, and Throughout Southern California
When accusations of domestic violence lead to a potential restraining order against you, it’s a serious situation. This restraining order could force you to move out of a home you share with the petitioner and affect your life in numerous ways, including threatening custody of your children. Don’t wait to get a knowledgeable Los Angeles domestic violence lawyer involved in your case.
Just because someone has petitioned to get a domestic violence restraining order against you doesn’t mean their request for a permanent restraining order will be granted. The Law Offices of Christopher Chaney can assist you in presenting your case against issuing a restraining order to the judge at your formal court hearing. For a free, confidential consultation, contact us today.
Domestic Violence Restraining Orders in Los Angeles, CA
You’re far from alone in being faced with the restrictions established by a domestic violence restraining order. The number of restraining orders issued in Los Angeles annually is in the thousands, according to local nonprofit local news source Crosstown.
From our offices in Century City and Van Nuys, The Law Offices of Christopher Chaney represent clients all over Southern California in formal legal proceedings for domestic violence restraining orders. We know that you deserve the chance to have your side of the story heard and to present evidence in your favor in the most compelling way possible.
We’re ready to serve you wherever you need help, from Downtown L.A. and Hollywood to Pasadena and Beach Cities/LAX. Throughout Los Angeles County, Orange County, Ventura County, and elsewhere in Southern California, we’re prepared to provide you with understanding, aggressive legal defense services.
What Is Domestic Violence Under California Law?
According to California law, domestic violence includes beating, threatening, sex crimes, and other damaging acts perpetrated against a member of your family or household.
The people who may have the grounds to allege domestic violence include:
- A spouse (husband or wife)
- A person with whom you are or used to be in a dating, cohabitation, or otherwise intimate relationship
- A child
- A parent
- A grandparent
- A sibling
- Current (but not former) in-laws
Acts of violence against family members don’t always start out with an intention to inflict physical harm. For example, what begins as a verbal altercation can lead to someone shoving or slapping the other party. These actions can progress to more severe types of psychological or physical abuse.
At times, exaggerations of actual conduct or even outright lies on the part of an alleged victim are used to establish a rationale for requesting a restraining order that, in reality, may be unreasonable.
What Is a Domestic Violence Restraining Order?
A person who claims that they have been a victim of domestic violence or domestic abuse may choose to request a domestic violence restraining order (DVRO). In Los Angeles, California, they can do this by filing a Request for Domestic Violence Restraining Order and other legal forms with the Los Angeles Superior Court.
A restraining order protects a person (the alleged victim) from harm or harassment arising out of the actions of and contact with the defendant (the alleged perpetrator of domestic violence). If someone has filed a domestic violence restraining order against you, they are accusing you of committing domestic violence and requesting a court order that restricts you from contact with them and, potentially, from other activities.
The restrictions that may apply to you under a domestic violence restraining order include:
- No harassing, threatening, stalking, or harming the protected person
- No contact with any protected person listed in the order for any reason
- An order to stay away (a specified distance) from the protected person and potentially places they live or frequently go to
- An order to move out of a shared home for the duration the restraining order is in effect
- A prohibition on possessing guns, which may require the surrender, storage, or sale of firearms already in your possession
- Orders pertaining to spousal support, child support, and child custody, if relevant
A domestic violence restraining order is a civil court order, not a criminal charge. However, you should plan to attend the court hearing, of which you were notified when you received a copy of the filed domestic violence restraining order forms. If you don’t attend this hearing, you will have no opportunity to tell your side of the story or to fight a domestic violence restraining order.
Types of Domestic Violence Restraining Orders
Domestic violence restraining orders may take three forms. The differences between these court orders revolve around who is requesting the restraining order, how long it will last, and the process of issuing the order.
Emergency Protective Order
If the person accusing you of domestic violence called 911, went to the police station, or otherwise involved the authorities for help, a police officer may be able to file an emergency protective order (EPO). Judges will review applications for emergency protective orders 24 hours a day. If granted, an emergency protective order takes effect right away and can last for five to seven days under California law.
Temporary Restraining Order
Generally, the alleged victim of domestic violence is the one to file restraining orders. They may seek a temporary protective order that will apply during the legal process of issuing a permanent restraining order.
Like a permanent restraining order, a temporary restraining order is a serious matter. However, it has a clear end date: the day of the court hearing at which a judge will determine whether to issue a permanent restraining order against you. This means that even as you prepare to present your case in court, you must comply with the restrictions established by the temporary restraining order.
Permanent Domestic Violence Restraining Order
A permanent restraining order for domestic violence can only be issued after a court hearing, during which you have the opportunity to provide your testimony and other evidence.
To decide whether to grant the order and which specific protections it will include, the judge will hear testimony from both parties, as well as any witnesses they bring to the hearing.
How to Fight a Domestic Violence Restraining Order
If you believe the restraining order petition is false or unreasonable in any way, you’re going to need the assistance of a domestic violence restraining order attorney in Los Angeles, CA.
The only way to fight a petition for a domestic violence restraining order is to provide your side of the story. Although it’s possible to provide information to the judge in writing before the hearing by filing an optional Response to Request for Domestic Violence Restraining Order form, the most important proceeding in this process is the court hearing. Your Los Angeles domestic violence lawyer can help you prepare your case and present it to the judge.
For a California domestic violence restraining order, the burden of proof is on the person seeking the restraining order against you. However, the requirements for proving that a restraining order should be issued are lower than the requirements needed to prove guilt in criminal court. To secure the domestic violence restraining order they requested, the alleged victim must provide “reasonable proof of a past act or acts of abuse,” as established by Section 6300 of the California Family Code.
A knowledgeable domestic violence restraining order attorney in Los Angeles, CA, can help you identify any evidence in your favor and build a case for why the alleged victim’s claims shouldn’t be considered appropriate grounds for a protection order. During your restraining order court hearing, your lawyer can represent you.
How Can a Los Angeles Domestic Violence Lawyer Assist Me With a Restraining Order Hearing?
You should involve a Los Angeles domestic violence lawyer in your case as soon as possible. Once you have been served with a notice that someone has filed for a domestic violence restraining order against you, the clock has already begun ticking. Your court date is typically only a few weeks away, and there’s a lot for your attorney to do.
Over the time available, your attorney will work to identify the evidence that supports your position that the domestic violence restraining order is unreasonable or unnecessary. The reason it’s important to choose a knowledgeable criminal defense attorney to handle a matter like this, even if you aren’t currently facing any criminal charges, is that having experience practicing criminal law equips an attorney with the skills to formulate robust arguments to defend clients. Additionally, because it’s possible for evidence provided in a civil court hearing to be admissible in criminal cases, having a lawyer who’s familiar with both kinds of legal matters is invaluable.
Contact a Los Angeles Domestic Violence Lawyer at The Law Offices of Christopher Chaney Today for a Free, Confidential Consultation
You never expected that you would be facing a restraining order or needing the services of a seasoned Los Angeles domestic violence lawyer, but now that you have a court hearing looming, the ramifications of having a DVRO filed against you are starting to sink in.
For help from a compassionate domestic violence defense attorney who handles restraining order cases in Los Angeles, CA, contact The Law Offices of Christopher Chaney online or call (310) 209-3999 today. We’re ready to hear your side of the story and fight to preserve your rights.
