Protective Order Attorney in Los Angeles, CA Provides Skilled Legal Guidance on Restraining Orders in Los Angeles County, Orange County, Ventura County, and Across Southern California
For any matter involving a court-issued protective order, whether you're the one seeking this order or defending against it, you benefit from consulting an experienced Los Angeles restraining order lawyer. Without professional guidance to help you navigate the civil legal system, you're less likely to achieve the outcome you're pursuing.
At The Law Offices of Christopher Chaney, our decades of experience assisting people with protective orders of all varieties and proven record of success have earned us a reputation as the top restraining order law firm in Southern California. We help victims of abuse and harassment get protective orders in place and assist respondents facing the restrictions of restraining orders in preserving their rights.
You can count on a protective order attorney in Los Angeles, CA, to provide answers to your questions and help you better understand the restraining order process. Contact us today to get help, starting with a free, confidential consultation.
How Does a Restraining Order Work in Los Angeles?
Attempting to get a protective order placed or being served notice of a restraining order can raise a lot of questions. Here are the basics of restraining order law in California.
What Is a Restraining Order?
A restraining order is a type of court order. Most restraining orders are civil orders, although it’s also possible for a judge to issue a criminal protective order. A restraining order restricts the person bound by it, known as the defendant, from certain actions or activities. The intention of these restrictions is to protect another person from harassment, violence, or other dangerous behavior on the part of the defendant.
As a legal option for protecting victims of domestic violence or abuse, restraining orders can be a useful and necessary type of court order. As an experienced protective order attorney in Los Angeles, CA, our firm assists petitioners in securing the court orders they need to keep them safe and provide peace of mind.
However, there can be circumstances where a restraining order is unreasonably placed against you or when the order remains in place, negatively affecting your life, when it is no longer necessary. At The Law Offices of Christopher Chaney, we also help defendants fight back against unfair restrictions.
Defendants who disagree with the request for a restraining order against them have the right to fight this court order through a hearing. To improve your chances of a successful court hearing, you’re going to want professional legal guidance. An experienced Los Angeles restraining order lawyer at The Law Offices of Christopher Chaney can help.
What Does a Restraining Order Do?
Under a restraining order, the defendant is not permitted to do certain things.
Some of those things, like hurting, harassing, threatening, or stalking the protected person, are unsafe actions that may be illegal in their own right. However, other orders that you may be bound by if a restraining order is filed against you include:
- Having no contact with the protected person for any reason
- Moving out of a home that you share with the protected person for the duration of the restraining order, even if your name is on the lease or property deed
- Remaining a certain distance away not only from the protected person themselves but also potentially from places they live, work, and go regularly
- Having to surrender, store, or sell any firearms and ammunition in your possession
Not all restraining orders place the same requirements on the defendant, so it’s important for both parties to fully understand the orders that apply to their specific situation. Hiring a knowledgeable protective order attorney in Los Angeles, CA, can help you understand the terms of a restraining order.
- We're prepared to inform petitioners of the types of protections they could seek through this legal process.
- We're equipped to help defendants understand what restrictions are placed by a temporary restraining order and prepare to fight a petition for a permanent restraining order.
California law allows for several different types of restraining orders. A Protective Order Attorney in Los Angeles, CA, at The Law Offices of Christopher Chaney can assist people with seeking or defending against restraining orders of all varieties.
Restraining Order Cases in Los Angeles, CA
To improve the likelihood of achieving a favorable outcome in your case, you should retain a skilled and experienced restraining order attorney in Los Angeles.
Areas Our Los Angeles Restraining Order Lawyer Serves
From our office locations in Century City and Van Nuys, our firm serves clients all over L.A. Wherever you need assistance, from Hollywood and Downtown Los Angeles to Beach Cities/LAX, Pasadena, and Santa Monica, we’re here for you.
Types of Legal Matters Our Los Angeles Restraining Order Lawyer Can Assist With
At The Law Offices of Christopher Chaney, we're here to provide skilled legal support and trusted advice to everyone who needs help navigating the restraining order process.
For petitioners, we're committed to covering all of your bases and making the strongest possible case for the protections you deserve. Through these efforts, we can help protect your safety and peace of mind.
Our attorneys also assist defendants in fighting unreasonable restraining order petitions as well as criminal charges arising out of these issues. We’ll bring the same skills and knowledge we use to achieve success in criminal courts to your restraining order court hearing.
The types of restraining order matters we can help you with include the following.
Domestic Violence Restraining Orders
Domestic violence restraining orders are among the most common types of restraining orders issued in Los Angeles, CA.
A domestic violence restraining order can be filed by petitioners who claim to be in an abusive marriage, dating, or cohabitation relationship, as well as people seeking protection from other close family members, such as children, parents, siblings, grandparents, and in-laws.
A victim can request a domestic violence restraining order if they have been threatened with physical violence or suffered from actual harmful conduct or harassment. When filing a petition for a domestic violence restraining order, you need to detail the abuse or conduct that is your reason for needing protection.
To fight the petition for this type of court order, a domestic violence restraining order attorney may seek to provide evidence that contradicts the alleged victim’s claims of threats, harm, or violence.
Civil Harassment Restraining Orders
A civil harassment restraining order seeks to protect victims from harmful behavior on the part of a defendant with whom they are not in intimate relationships.
You might turn to a civil harassment restraining order attorney in Los Angeles, CA, for help filing a petition if you have been harassed by a friend, neighbor, classmate, or another person. Again, for a permanent civil harassment restraining order to be granted, the petitioner must demonstrate that a credible threat of violence, stalking, threats, harassment, or any other behavior that seriously alarms the protected person exists.
If you have been served with notice of a civil harassment restraining order petition filed against you and believe the restrictions are unfair or unwarranted, a protective order attorney in Los Angeles, CA, can help you fight back.
Elder Abuse Restraining Orders
Elder abuse restraining orders are filed when individuals aged 65 or older have been mentally, physically, or financially abused, neglected, or deprived of goods and services by their caregiver. We help seniors and their families put these protections in place when necessary.
If you’ve been notified that such an order is being sought against you, turn to a knowledgeable elder abuse restraining order attorney in Los Angeles, CA, for assistance putting up a strong argument in your defense at your court hearing.
Workplace Violence Restraining Orders
A workplace violence restraining order is obtained by an employer on behalf of an employee who suffered violence or a credible threat of violence in the place where they work. Similarly, representatives of private colleges may seek school violence restraining orders in California to protect students.
When a worker or student has been abused, harmed, or harassed, we're ready to help employers and schools navigate the process of getting essential protections put in place.
False allegations or exaggerated claims can result in unfair restrictions on a defendant. A workplace violence restraining order attorney in Los Angeles, CA, can help straighten out misunderstandings and assist you in fighting restraining orders of this type.
Gun Violence Restraining Orders
Gun violence restraining orders are specific to restricting the restrained person’s ability to purchase or possess firearms and ammunition.
If you fear the worst, you can turn to our team for help getting restrictions placed that could potentially save lives.
A gun violence restraining order attorney in Los Angeles, CA, can help defendants fight unfair or unreasonable court orders that require them to surrender their firearms.
Criminal Protective Orders
Criminal protective orders are issued by judges in the course of or following a criminal legal case.
If you need such protections during your case, we're here to help. If you're defending against criminal charges and could potentially be subjected to such an order, you can count on a protective order attorney in Los Angeles, CA, to assist you. With our strong criminal defense background, we're equipped to help you defend against both the criminal charges you’re facing and any protective orders sought against you in connection with the case.
Restraining Order Violations
A restraining order violation is a serious offense that can result in criminal charges. You need a restraining order lawyer to not only assist you in fighting the permanent restraining order but also help you defend against restraining order violation charges.
Emergency, Temporary, and Permanent Restraining Orders in California
Restraining orders can be issued on an emergency, temporary, or permanent basis. Hiring a knowledgeable Los Angeles restraining order lawyer can help you prepare for the legal process ahead and either petition to put protections in place or fight orders that have been issued or petitioned against you.
Emergency Protective Orders (EPOs)
A law enforcement officer may request an emergency protective order if they have reason to believe a person is in immediate danger, usually after that person has called 911 or gone to the police for help.
The purpose of an emergency protective order filed by a police officer is typically to protect an abused person from their abuser during the process of applying for a temporary restraining order. In California, the processing of emergency protective orders isn’t limited to regular business hours. Judges are available 24 hours a day to sign these orders and put emergency protective measures in place for a short time, usually no longer than five to seven days.
What Happens After an Emergency Protective Order Has Been Issued?
An emergency protective order goes into effect immediately, and, in the case of domestic violence situations, may require the defendant to immediately vacate a shared home for the duration that the EPO is in effect.
Depending on the terms of the EPO issued against you, you may have to:
- Stay a specified distance away from a person who is protected by the order, including staying away from where they live or places they frequent
- Avoid any and all contact with the person protected by the order
- Avoid stalking, threatening, harassing, or hurting the protected person
- Comply with orders not to have firearms or ammunition in your possession (requiring you to store or sell any guns you have and provide proof of doing so)
Temporary Restraining Orders (TROs)
Temporary restraining orders are issued when a person is seeking protection from immediate danger posed to them by the defendant before the trial date at which a permanent restraining order may be issued. A TRO lasts longer than an emergency protective order and may be valid for up to 25 days. The temporary restraining order ends when a court date is held, during which a judge will determine whether to grant a permanent restraining order.
What Happens After a Temporary Restraining Order Has Been Issued?
With a TRO, as with an EPO, the defendant must follow the terms of the order or risk getting into legal trouble for a restraining order violation. A temporary restraining order may restrict the defendant from contacting the protected person or going to places where that person may be. TROs may also require the defendant to surrender their firearms and result in them losing custody of any children.
Permanent Restraining Order
Permanent restraining orders affect individuals' lives the most because the restrictions they impose can last for years, not just days or weeks. That’s why a permanent restraining order can only be issued after a court hearing.
During this hearing, the judge will hear the evidence and testimony from both sides and decide whether the person requesting the order is, in fact, in danger and whether to grant the petition.
If a permanent restraining order is issued, the defendant may face restrictions on who they can contact, where they can go, and whether they can own firearms. If the judge declines to grant the order, the victim of abuse may be facing an uncertain future without the protections they need. While a restraining order court hearing may not be a full-on trial, its impact on your life can still be significant.
Having an experienced Los Angeles restraining order lawyer prepare and present arguments in your favor is advantageous regardless of whether you are the petitioner or the defendant. At The Law Offices of Christopher Chaney, we draw on our full legal skills to develop strong cases and advocate for clients who are pursuing or defending against restraining orders.
Los Angeles Restraining Order Process
Getting a judge to issue a permanent restraining order is a whole legal process during which a defendant has opportunities to fight back against the restrictions. All parties involved in a restraining order matter should understand what this legal process looks like in California.
The Process for Getting a Restraining Order
To file a restraining order against someone, the person wanting to obtain a restraining order should usually go to the county Superior Court (Los Angeles Superior Court) and complete the necessary forms. The party seeking protection has to describe why they are asking for protection from another person. The filing fee has to be paid unless a fee waiver applies.
If a judge approves the request, an emergency protective order or a temporary restraining order can be issued even without a hearing where the other party will be present. However, to obtain a permanent restraining order, the alleged victim must attend a hearing that allows both sides an opportunity to present their case.
The defendant, must receive the “notice of court hearing” and have the opportunity to provide evidence in support of their arguments for why a restraining order should not be granted. Based on the information presented at the hearing, the judge will determine whether or not to grant the restraining order.
Responding to a California Protective Order
Defendants who wish to fight a petition for a restraining order can—and should—have a lawyer assist them with responding to the order and preparing for the court hearing. Your restraining order lawyer can compile and organize evidence in your favor and help you formulate and present a strong case.
How to Win a Restraining Order Hearing in Los Angeles
Successfully getting a protective order issued or fighting a petition for a restraining order in California means attending a formal court hearing and presenting your case to the judge.
Successfully Getting Restraining Orders Granted
For the petitioner, it's important to fully demonstrate why the restrictions sought against the defendant are necessary for protecting against abuse, harassment, or harm. You should be able to present evidence of abuse, threats, or harassment on the part of the defendant.
Fighting a Restraining Order in California
For the defendant, the challenge is providing compelling reasons to dismiss a restraining order request rather than grant the petitioner a protective order. Generally, you would need to successfully argue, with the support of witness testimony or other evidence, that you are not a threat to the protected person. A Los Angeles restraining order lawyer who has extensive experience handling criminal defense cases knows how to expose weaknesses in cases against their clients.
Depending on the evidence, your lawyer may be able to demonstrate to the judge that the petitioner lied or exaggerated their claims of what you did or said or that the petitioner has otherwise failed to produce reasonable proof that you are a threat and that you should be subjected to the restrictions imposed by a restraining order.
Why Choose The Law Offices of Christopher Chaney as Your Restraining Order Attorney?
Throughout Southern California, clients turn to our firm when they need an experienced protective order attorney in Los Angeles, CA, to guide their next steps and protect their interests. We bring to each case:
- Unmatched experience in this area of law as the top restraining order firm in the region
- A very high success rate in getting our clients the most favorable outcome possible in restraining order matters
- Extensive knowledge of legal processes involved in petitioning for or defending against restraining orders
- Aggressive legal representation throughout all stages of the restraining order process
- The skills of trial attorneys who routinely advocate for clients in the courtroom
- Free consultations that allow you to understand your rights and the legal process ahead of you
We're available 24/7 to assist with urgent matters. Whether you've realized that a restraining order offers you the fullest possible protection or you've just been served with notice of a petition against you, we're ready to spring into action and start preparing your case for success right away.
Contact a Los Angeles Restraining Order Lawyer at The Law Offices of Christopher Chaney Today for a Free Consultation
The Law Offices of Christopher Chaney protect individuals in Los Angeles, California, and the surrounding areas from continued abuse as well as unfairly issued restraining orders against them. You don’t have to face the restraining order process alone.
For help from a restraining order attorney in Los Angeles, CA, contact The Law Offices of Christopher Chaney online or call 818-330-5198 today.
