How an Attorney Can Help
  In California, if you or your child is a victim of violence, harassment, assault, domestic abuse, or threats, you can increase your security by filing a restraining order or protective order.Once you file a restraining
   
 

 Related Topics
   Hit and Run
   Shoplifting
   Theft
   Prostitution
   Domestic Violence
   
   
 

 

 

 
 

Stephen G. Rodriguez
and Associates Attorneys at Law
   
 

633 West 5th St.
26th Floor
Los Angeles, California 90071

(213) 223-2173

 
  order and it is served on your abuser, the California Court System is your protector.

A restraining order/protective order can keep your abuser out of your home, workplace, or anywhere near you or your children. It can keep your child from being taken away, stop your abuser from owning a weapon, or stop anything else that can threaten you—because the abuser will have to face consequences, meaning jail time.To qualify for a Domestic Violence Restraining Order in California, the person you want to file an order against must be:

  • A spouse or former spouse
  • The person you are living with
  • The other parent of your child
  • The person you are dating

Why You Need an Attorney
 There are several restraining order options in California. A skilled attorney with experience in Domestic Violence Law will know how to work with the court, law enforcement officers and/or battered women’s shelters to help you take immediate steps and file the right type of restraining order.

      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 three weeks, but it can be made into a permanent restraining order for 1 to 3 years. This is also useful for domestic violence victims.

  • 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.

  • 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.

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. A skilled attorney will make sure:

  • All of the proper documents have been filedSurprises are discovered before they can damage your caseThe judge’s questions are answered in the best way
  • The judge is aware of witnesses and evidence that help your case.

If your abuser has a lawyer and you don’t, your chances of getting a restraining order are immediately reduced. This is another reason why you need an attorney to help you file a restraining order in the way that will provide you with the most protection.If you or someone you know is suffering from abuse, we urge you to hire an attorney who can help you file a restraining order immediately, before the abuse gets worse.

Stephen G. Rodriguez & Associates are experienced Los Angeles Criminal Defense Attorneys with extensive Domestic Violence Law & Restraining Order experience. They can help you file a restraining order in California. (See LACriminalDefenseAttorney.com)  

 

Frequently Asked Questions
Restraining Orders
California Restraining Order | Temporary Restraining Order

What is a Restraining Order?
A restraining order is a court order that protects you from physical or emotional abuse as well as from being stalked or harassed.

How can I obtain a Restraining Order?
You can go to court and fill out the necessary paperwork. You would then have the abuser served with the paperwork by the Sheriff’s office or through an uninvolved third party. Your wisest choice is to contact a skilled and knowledgeable attorney who has experience with restraining orders and consult with him.

What happens if the abuser violates the Restraining Order?
A violation of the restraining order is a criminal offense. The abuser could be subjected to criminal proceedings—specifically a misdemeanor contempt of court. The violation could result in his/her arrest as well as jail time (up to a maximum of 1 year in the county jail).

Can I obtain a restraining order if I am being stalked over the Internet?
Yes! Internet harassment or cyber-stalking is the new wave of stalking and harassment. An able and experienced attorney in these matters may be able to obtain the identity of your internet stalker and eventually have him served and brought before a judge.

What happens after I serve my abuser with the restraining order?
The initial order I serve my abuser is called a Temporary Restraining Order (TRO). Once the person is served there will be a court hearing where the judge will decide if it is necessary to issue a permanent restraining order under the circumstances. If the judge believes there has been abuse, stalking, or harassment then the judge will likely issue a permanent restraining order for 1 to 5 years.

What happens at the court hearing?
Both parties are ordered to appear (Petitioner and Respondent). Each of the parties should bring a copy of their order and any evidence or witnesses to court with them. The parties are allowed to bring an attorney if they want. The Petitioner (person serving the order) is asked to present her evidence of stalking, harassment or abuse. The Respondent (the accused or the person responding to the order) is asked to respond to the allegations. The hearing could be conducted in an informal manner or much like a formal trial. That would depend on the judge. After all the relevant issues have been heard on both sides the judge will decide if a permanent restraining order should be issued.

What if the Restraining Order has been issued to me?
If after a hearing a judge issued a restraining order against you then
you must stay away from the person who obtained the restraining
order against you. Violation of that order could result in criminal proceedings brought against you. You also have a right to appeal the judge’s decision. Contact an experienced restraining order attorney to thoroughly discuss your options at this time.

 
             
 

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