SOUTHERN CALIFORNIA CRIMINAL DEFENSE ATTORNEYS

Orange County Restraining Order Attorney           Los Angeles Restraining Order Lawyer
            (714) 677-4141                                                          (213) 215-0135

Protective Order, Restraining Order, Temporary Restraining Order, Domestic Violence Protective Order, Criminal Restraining Order or Protective Order.

The terms protective order and restraining order are used interchangeably, they both refer to a restriction placed upon a person either under the Civil Code or the Criminal Code prohibiting a person from having contact with the protected person. Sometimes these orders are issued temporarily, in some circumstances they are referred to as emergency protective orders, in certain other cases restraining orders or protective orders are issued for duration of certain years. Furthermore, the types of contact a person may or may not have can be different in each case such that in one case there might be a “no violent contact” order where in other cases the order might prevent any type of contact including by telephone, mail, fax or e-mail. The type and duration of restraining orders depends on the facts and circumstances of each individual case. Generally, a restraining order will prohibit any contact and will mandate the person served to stay 100yards away from the protected person and his/her home and contact may only occur through an attorney.

California Restraining Order Options

• Emergency Protective Order (EPO). This type of Restraining Order is issued by law enforcement and is valid for 5 days. It is used by domestic violence victims for their immediate protection and safety.
• Domestic Violence Temporary Restraining Order (TRO or DVRO). A California Temporary Restraining Order is in force for two weeks, but it can be made into a permanent restraining order for a period of 1 to 3 years. Sometimes the victim can ask for a permanent restraining order through the civil process or a protective order might be issued.
• Criminal Protective Order (“No Contact” Order). This type of restraining order is obtained through the District Attorney’s office, and is issued in active domestic violence cases. With this order, your abuser cannot call, write, e-mail or contact you at all except through lawyers. In some cases, this order is required as part of the defendant’s probationary terms and it can remain in effect for up to 3 years or as long as he/she remains on probation.
• Civil Harassment Restraining Order (CHO). This restraining order doesn’t need to qualify as a domestic violence restraining order. It can be used to stop harassment, threats, stalking, etc. by neighbors, roommates and co-workers.

Domestic Violence Restraining Orders

Generally, in a domestic violence situation, the police will serve upon the arrested person a TRO – Temporary Restraining Order prohibiting any contact with the victims of domestic violence for the duration of 2 weeks or in the alternative an Emergency Protective Order for a duration of 5 days might be served by the arresting agency. In either case, both types of restraining orders will generally expire automatically unless the victim files for a civil permanent restraining order or unless, the District Attorney obtains a Criminal Protective Order which can remain in effect until the end of the domestic violence case or as decided. Furthermore, the District Attorney can push for a Permanent Restraining Order which will usually remain in effect after the case is over for either a period of 1 year, 2 years or more often 3 years, or until the defendant successfully finishes probation.

Such restraining orders are issued to prevent the recurrence of acts of abuse by a batterer or abuser and are for the purpose of protecting legitimate victims from such abuse. Under the Domestic Violence Prevention Act, abuse is defined as any of the following:

* Intentionally/recklessly causing or attempting to cause bodily injury to another.

* Sexually assaulting another.

* Putting a person in reasonable apprehension of imminent serious bodily injury.

* Engaging in any type of behavior that has been or can be forbidden, such as molesting, attacking, striking, stalking, threatening, battering, harassing, making annoying telephone calls, destroying personal property, annoying by contacting another through mail or otherwise, and more generally, disturbing the peace of another.

In general the acts of abuse or violence must be recent, and the batterer must be a spouse, ex-spouse, boyfriend or girlfriend, an ex-boyfriend/girlfriend, any immediate family member, anyone that the batterer is or has been dating or a person with whom he/she has children with.

A victim, who is the target of abuse but lacks the necessary “relationship” with the batterer, may file a civil harassment restraining order, to prevent the abuse or violence from continuing.

Restraining Orders for Civil Harassment

In situations other than domestic violence where one person is harassing, striking, following, or disturbing the peace of another, the victim may file for a Civil Harassment Restraining Order in which case, a Temporary Restraining Order (TRO) is issued at the time of such filing which is generally in effect until the hearing date scheduled by the court to consider evidence from both sides and decide if the Restraining Order (RO) should be issued for a longer period of time or not.

The best way to file a restraining order is to work with an experienced California Restraining Order attorney who will focus on your best interests. If your abuser has a lawyer and you don’t, your chances of having the restraining order issued permanently are immediately reduced. You may seek help at your local court in filling out and filing your TRO, but you need an attorney to help you argue your side effectively which will provide you with the most protection.

Modification of Restraining Order

Is there a restraining order against you or your loved one? No matter what your situation, if there is an active restraining order against you or your loved one, and the police find out that you or your loved one is in violation of that restraining order, no matter what your situation, no matter your circumstances, they will arrest and prosecute anyone who violates a restraining order.

Many times, couples reconcile and get back together but they fail to recognize the amount of trouble that awaits if they are found to be in violation of an active restraining order. Our attorneys can help you modify your restraining order.

Many times, with the right circumstances, a restraining order can be modified by the court. The requirements for getting a restraining order modified will depend on the underlying case and the type of restraining order or protective order is currently in place. Further, it will depend on the amount of time that has passed since the effective date of the order and if there have been any known violations of the restraining order or protective order.

Generally, in Domestic Violence related cases the defendant would need to successfully attend anger management classes and the victim must attend PEP classes or Personal EmPowerment Classes before the court will consider terminating the restraining order.

In most cases, a knowledgeable Southern California Restraining Order Attorney can change your restraining order from one that requires the restrained person to completely have no contact with the protected person(s) into one which allows for non-violent contact or No-Violent Contact Order.

Contact the attorney who can make a difference in YOUR case. If you, a friend or a loved one has a case involving a restraining order in Los Angeles County, or needs modification of a protective order in Orange County, don’t hesitate, pick up the phone and call our office immediately, your call is FREE! 

We can resolve your conflict at law with our familiarity with your local Court and District Attorney.

For a free consultation, contact our office or fill out our contact form below.