Regrettably, domestic violence-related offenses and, to some extent, civil harassment cases are so prevalent in California today that law firms specializing in helping people with protective orders and other related issues are also pretty common. But the level of expertise and quality of service provided by these firms vary significantly. Why should you then choose us and not those other law firms?
California has various types of protective orders covered under different statutes. That means different protective orders have somewhat different standards and procedures for evidence that must be satisfied. This is why you want to hire a lawyer knowledgeable about the laws governing your particular protective order. Our lawyers aggressively and competently handle all protective orders within Los Angeles County.
A CHRO refers to a protective order an individual requests against someone not covered under a DVRO. If you are facing harassment from your neighbor, you can prevent that harassment by filing a civil harassment restraining order. If someone has been stalking you, a civil harassment restraining order can stop the behavior. If someone does not stop contacting you even after you request that they stop bothering you, obtaining a civil harassment restraining order could be the perfect answer.
If you believe you are facing unlawful harassment by somebody you might or might not know in person, our lawyers can help you obtain the necessary protection by filing for CHRO. And if there is a CHRO against you and you wish to defend your legal rights, we can also offer expert legal representation.
A DVRO refers to a court order requested by an individual against someone they are dating or have dated before, have a child or children with, have been or are married to, or have another kind of intimate relationship with. If you are a victim of stalking, domestic violence, or any form of harassment by a former romantic partner, we can assist you in obtaining the safety you require by requesting a DVRO. Conversely, if a DVRO has been served against you, call us, and we can assist you in defending your rights.
An EARO is a protective order requested by someone over 65 against a party engaging in financial or physical abuse. It can also be issued to protect someone over 18 with a qualifying mental disability.
If a caretaker is taking financial advantage of your elderly parents, an elder abuse restraining order can help them (the parents). If children in the neighborhood deliberately intimidate your grandfather when he is out taking a walk, your grandfather can obtain an EARO for the protection he needs. If a caretaker is maltreating or isolating your mentally disabled niece and you are concerned, an elder abuse restraining order can protect them.
A WVRO is not a common protective order in that an employer requests it on behalf of an abused worker. Additionally, a workplace violence restraining order can be issued to safeguard other workers at the workplace and in other places where the restrained worker might work later.
If a customer assaulted your salesman, you might obtain a WVRO to bar the aggressive customer from coming to your store. If someone calls your warehouse threatening violence, you can file for a WVRO to keep the individual far away from the warehouse and keep all your workers safe.
If any of your employees have suffered any form of violence at work or are facing threats that could be fulfilled at the place of work, our lawyers can help you file a workplace violence restraining order to help them. We can also offer legal representation if a WVRO has been issued against you and you wish to fight to protect your rights.
A restraining or protective order refers to an order issued by the court to protect a person from pain, physical injury, abuse, harassment, stalking, and threats of bodily injury, harassment, and abuse. A restraining order can restrain a family member, household member, or any party threatening another's safety.
Protective orders aim to prevent harassment, stalking, abuse, and violence in civil and criminal cases. They are generally issued depending on the petitioner's sworn testimony. In criminal-related situations, protective orders prohibit behavior or movement to stop one person from inflicting harm on another party.
In civil-related cases, protective orders aim to prevent a person from contacting another or engaging in any conduct that may constitute a public annoyance. A judge must approve a restraining order and have it served to the restrained party for it to be legal. That means a party cannot be deemed to have violated a restraining order if they do not know about the order being issued.
A prevalent aspect of protective orders is the limitation on how much space the parties involved must give each other. For example, a restrained person may always be required to remain 100 feet from the protected party. A restrained party can also be forbidden from going to certain locations. Another common aspect involves restrictions on contacting the protected party by email, phone calls, text messages, through a third party, or other means.
A protective order can severely affect your public and personal lives. Aside from the requirement to keep a distance from the victim, having a protective order against you can affect you in other ways, including:
Restraining orders provide three different protection levels. These protection levels define the particular duration a protective order should last. Based on the facts surrounding the case, an order could last days or years. The levels of protection restraining orders provide are as follows:
An emergency protective order (EPO) offers emergency protection. These orders are often requested by police officers when responding to a scene of domestic violence. If police officers reach a domestic violence scene and suspect that a person faces imminent danger, they will call a judge to issue an EPO. The officer then notifies the perpetrator about the EPO, which is effected instantaneously.
A person who is in the middle of obtaining a PRO but requires protection pending the finalization of the process can also request an EPO. An emergency protective order stays good for one week, and a judge might or might not replace it with a TRO or PRO.
Temporary restraining orders (TROs) provide temporary protection. They are usually good for a maximum of three weeks. They are meant to grant protection until a judge hears the case. Before the expiration date of a TRO, a judge will hold a hearing to determine whether they should issue a PRO.
At the hearing, the respondent can give their account of events. However, a TRO will be issued based entirely on the supposed victim's word and reasonable evidence of immediate danger or harm. A temporary restraining order will be granted if the petitioner can prove the alleged abuser's conduct would inflict emotional distress on them.
A permanent restraining order (PRO) provides more permanent protection. Once a hearing is over, a judge may issue a PRO if they determine the supposed victim needs further protection. During the hearing, the judge hears from both sides before deciding whether a permanent restraining order is necessary.
If the court does not state the validity period of the PRO, it will remain good for three years. But depending on the judge's discretion, a PRO can last at least three years and a maximum of five years. The victim can request a renewal of the PRO within the last three months of the order's expiration. If there is a restraining order against you, the terms may include:
The procedure for obtaining any type of protective order is essentially the same. The only primary differences lie in what forms must be filed, what details must be included on those forms, and who can apply for what type of restraining order against whom. However, in all cases, the process entails more or less the following steps:
First, you must request a protective order at the local county courthouse. This step entails filling out and filing paperwork. You must tell the judge why you need a protective order, to begin with, and why a restraining order would be appropriate in your case.
Once you file for the protective order, the court will deny or grant a TRO the same day or the next business day. Irrespective of whether the court denies or grants the TRO, it will schedule a date for a hearing on the merits of the case.
At least five days before the court hearing, you must serve the respondent (the person you want the order to restrain) with all the necessary paperwork. The service should be performed by what is known as "personal service." That means somebody other than you must personally deliver all the required paperwork to the restrained person and provide evidence of service to the court.
During the hearing, you will make your case before the judge, explaining why a court-issued order is necessary. The respondent can then deny your claims and prove why the judge should not issue a protective order.
Whether you or the respondent wins depends significantly on how intelligently each side made its case, the available evidence, and which side the court sees as more credible. The first reason makes hiring an experienced lawyer for legal representation particularly critical. A judge might rule against a legally justified party merely because they did not argue their case coherently.
Once the hearing is over, the judge might grant a PRO for up to five years. After a PRO is granted, having the judge reexamine the case and withdraw the order is more challenging.
Conversely, a judge might dismiss your case with prejudice. That means they have denied your request for a PRO, and you are not permitted to request another PRO contingent on the supposed conduct. Due to the severe nature of restraining orders, you want to hire a skilled attorney to defend or seek the order. We at the Restraining Order Law Firm will do our best to represent you.
I am extremely grateful that I had Leah Naparstek and her team fighting for me to obtain a protective order. This was one of the most challenging life experiences I have ever faced, and it was overwhelming. But knowing I had a lawyer with a good heart and in-depth knowledge about securing restraining orders put me at ease. If you need help and guidance in obtaining a restraining order, I highly recommend you call Leah.
Leah Naparstek and her team represented me when I was charged with a protective order violation. I was frightened of ending up in jail and facing hefty fines. Thankfully, my decision to hire the Restraining Order Law Firm saved me.
The attorneys here are highly professional. They reviewed my case thoroughly and advised me accordingly. They are very direct, responsive, and respectful. My lawyer managed to have the judge dismiss my case, and I did not have to face any consequences. I highly recommend this law firm.
Professional and responsive team! I was in the process of a bitter divorce, and my wife filed a protective order against me full of wrongful accusations. I was confused and at my lowest point, not knowing what to do or how to free myself from the allegations. The attorneys at the Restraining Order Law Firm were by my side from the beginning and helped me tackle everything professionally.
They kept me updated and promptly responded to my text messages and calls. They were highly knowledgeable and knew what strategy to use at what stage of the case. Their experience made me relax, and the protective order had been withdrawn by the time the divorce case was over. Thank you so much, Restraining Order Law Firm.
At the Restraining Order Law Firm, we deal with all issues pertaining to restraining orders. Call us for a consultation immediately to learn your legal options regarding a restraining order issue. It could be that you want to file a restraining order against someone else, a person has unfairly filed a restraining order against you, or you have been accused of violating a restraining order.
Regardless of your situation, we will fight for the best possible option. We serve clients seeking restraining order services in Los Angeles County and the surrounding counties. As we are skilled in securing and fighting protective orders, we can find ways of representing you in either area. Contact us at 424-600-7691 today to learn about our legal strategies.
