Experienced Restraining Order Defense Attorney in Los Angeles, CA, Helps Defendants Fight Restraining Order Petitions in Los Angeles County, Orange County, Ventura County, and Beyond
When a California court has issued any kind of restraining order against you, you might not know what actions to take. Don’t ignore the order, and definitely don’t confront the petitioner (the person who filed the order). As soon as you have read through the legal documents you have been served, your next step should be to speak to an experienced Los Angeles restraining order lawyer.
At the Law Offices of Christopher Chaney, we have decades of experience assisting people who are facing restraining orders of all varieties, as well as defending them against any criminal charges related to the court order. We offer free, confidential consultations through which you can get answers to your questions and better understand the legal process and how an attorney can assist you. Contact us today to get help.
How Does a Restraining Order Work in Los Angeles?
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 with the intention of protecting 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. 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.
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 to fully understand the orders that apply to you. Hiring a knowledgeable restraining order defense attorney in Los Angeles, CA, can help you understand what restrictions are placed on you by a temporary restraining order and prepare to fight a petition for a permanent restraining order.
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 assist defendants in fighting unreasonable restraining order petitions as well as criminal charges. We’ll bring the same skill 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.
An alleged victim can request a domestic violence restraining order if they have been threatened with physical violence or suffered from actual harmful conduct or harassment. 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 alleged 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, if you have been served with notice of a restraining order petition filed against you 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.
Elder Abuse Restraining Orders
Elder abuse restraining orders are filed when individuals aged 65 or older have allegedly been mentally, physically, or financially abused, neglected, or deprived of goods and services by their caregiver. 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.
Workplace Violence Restraining Orders
A workplace violence restraining order is obtained by an employer on behalf of an employee who allegedly 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.
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. A gun violence restraining order attorney in Los Angeles, CA, can help you fight unfair or unreasonable court orders that require you to surrender your firearms.
Criminal Protective Orders
Criminal protective orders are issued by judges in the course of or following a criminal legal case. With a strong criminal defense background, a criminal protective order defense attorney in Los Angeles, CA, can assist you with 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 restraining order defense attorney in Los Angeles, CA, can help you prepare for the legal process ahead and 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, 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 supposed immediate danger allegedly 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 you from contacting the protected person or going to places where the plaintiff may be. TROs may also require you to surrender your firearms and result in you losing custody of any children.
Permanent Restraining Order
If a permanent restraining order is issued against you, the restrictions it places on you can affect your life for years, not just a matter of 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 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 against you, you may face restrictions on who you can contact, where you can go, and whether you can own firearms. The court hearing may not be a full-on trial, but its impact on your life can still be significant.
Los Angeles Restraining Order Process
To file a restraining order against you, 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 restrained person, or 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.
Defendants who wish to fight a petition for a restraining order can—and should—have a lawyer assist them with 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
Fighting a petition for a restraining order in California means attending a formal court hearing and providing to the judge compelling reasons to dismiss a restraining order request.
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.
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 unfairly issued restraining orders against them. You don’t have to fight a restraining order that’s been requested or issued against you alone.
For help from a restraining order attorney in Los Angeles, CA, contact the Law Offices of Christopher Chaney online or call (310) 209-3999 today.
