If you have been served with a domestic violence or civil harassment restraining order directing you to stay away from someone, we can HELP. Alternatively, if you intend to obtain a restraining order against someone you believe is harassing, stalking or threatening you we can also HELP. We have assisted many people facing these types of restraining order situations. Contact the experienced criminal defense attorneys at Rodriguez, Lewis & Kahn to schedule a FREE confidential consultation to discuss your legal options - (213) 223-2173.

What is a Restraining Order?

A restraining order is a civil court order signed by a judge prohibiting a person from abusing, threatening, harming, stalking, harassing, contacting or even approaching another specified person.

California Restraining Orders

In California, the most common types of restraining orders are:

• Domestic Violence Restraining Order (DVRO) –There must be a specific relationship for domestic violence restraining orders to issue which includes being a spouse or former spouse; boyfriend-girlfriend (or dating relationship); cohabitant or former cohabitant; or the parties have a child together; or the parties are closely related (e,g. parent/child, brother/sister). In addition, there must be abuse, threat of abuse, stalking or sexual assault conduct. A temporary domestic violence restraining order (TRO) can be obtained by one of the parties which is valid for approximately three weeks or until the court hearing. In order to obtain a TRO there must be reasonable proof of past or current acts of abuse. A TRO can be obtained ex parte, which means that it can be filed without the accused knowing about it. At the court hearing the judge will determine whether the restraining order should be extended or dissolved. The standard of proof used by the court is “preponderance of the evidence.” After the court hearing the court can issue the permanent restraining order for up to 5 years.
• Civil Harassment Restraining Order (CHO) - A CHO is used by a person who does not have a close relationship with the person he or she wants protection from (e.g., a neighbor or roommate). They are issued by a civil judge and can last up to three years. The person seeking the CHO must have suffered harassment from the person they are seeking protection from. “Harassment” is defined in California law as unlawful violence (such as assault or battery, or stalking); or a credible threat of violence; or a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses and serves no legitimate purpose. A temporary restraining order can be obtained ex parte if there is reasonable proof that there has been harassment in the immediate past. After the court hearing the judge will listen to the evidence on both sides and will determine by “clear & convincing” evidence that unlawful harassment exists and would likely continue in the future.

Other Restraining Orders

• Elder and Dependent Adult Restraining Order -This type of restraining order is used for victims (Elder Adults) who are 65 years or older and reside in California, and Dependent Adults. Dependent Adults are persons residing in California between the ages of 18 and 64 and have certain disabilities (physical and mental limits). These restraining orders can last up to three years. This type of restraining order protects Elder and Dependent Adults from past or current acts of abuse. In California, abuse is defined as physical abuse, neglect, financial abuse, abandonment, abduction, or any other treatment resulting in physical harm, pain, or mental suffering; or deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering. The standard of proof required in this type of restraining order is “preponderance of the evidence.”
• Workplace Violence Restraining Order - This type of restraining order is initiated by the business owner of the employee when the employee has suffered an unlawful act of violence or a credible threat of violence in the workplace. A temporary order may be obtained and then a court hearing is set in the immediate future. The business owner (employer) must prove by clear and convincing evidence that the employee has suffered unlawful violence or that a credible threat of violence is likely to reoccur in the workplace. These restraining orders can last up to three years. Only employers and not individual employees can seek to obtain this type of restraining order.

There are others orders of protection similar to restraining orders called protective orders. These include:

• Emergency Protective Order (EPO). An EPO is issued by law enforcement when the officer believes an individual is in danger. It is valid for 5 days
• Criminal Protective Order (“No Contact” Order). A criminal protective order is issued by the court in active domestic violence cases. A Criminal Protective Order may last up to five years when it is initially issued, however the court can extend it for an additional five years or make it permanent.

Restraining Order Process

The person who filed a restraining order against you probably went to court and filled out restraining order paperwork, which was then approved by a judge. The initial order is called a Temporary Restraining Order (TRO). TROs are best obtained with the assistance of an experienced and skilled attorney. The TRO remains in effect until a court hearing is held where a judge decides if the restraining order should be made permanent.

Restraining Order Hearing

Both parties need to appear in court on the court hearing date that appears on the TRO paperwork. During the hearing the judge will ask for evidence that shows why a permanent restraining order is necessary. You will also have an opportunity to respond to the allegations and present your own evidence. If the judge issues the permanent restraining order, you cannot do any of the things listed in the restraining order for the designated amount of time. If you do not agree with the judge’s decision, you have a right to appeal it. Appeals in restraining order cases are expensive and have a low probability of success. That is why it is best to seek the assistance of an attorney who has experience in handling restraining orders.

Restraining Order Violations

If a restraining order has been filed against you, you cannot:

• Annoy, harass, assault, stalk or disturb the peace of the protected person(s)
• Have direct or indirect contact with the protected person, including telephone, electronic or written contact
• Be within a certain distance (usually100 yards) of the protected person’s place of work, home or school.

A violation of a permanent restraining order is a criminal offense, which can subject you to arrest for misdemeanor contempt of court. Conviction can result in a county jail sentence for up to 1 year.

Los Angeles Restraining Order Lawyers

If you need assistance in obtaining a restraining order or fighting a restraining order that was unfairly issued against you, call us to discuss your legal options. We can HELP! Having a restraining order filed against you can seriously impact your lifestyle and can also show up on a background check. Although you do not need to have an attorney to defend against a restraining order, representing yourself in court puts you at a huge disadvantage, especially if the other party has a lawyer. We have considerable knowledge and experience in dealing with restraining orders. Call us to set up a no-charge confidential consultation to discuss your case.