Los Angeles Restraining Order Lawyer
A restraining order is a court order that requires an individual to cease contact with the person seeking out and implementing the restraining order. Common instances when a restraining order is put into use are domestic battery, sexual battery, stalking, harassment or any instance when someone feels as if harm may befall them and need assurance that the law will use follow through in prosecuting those that don’t abide by the court ordered guidelines.
Law Advocate Group, LLP in Beverly Hills has over 80 years in combined courtroom experience in civil litigation. If you feel as if your rights have been compromised due to a restraining order being taken out against you or you are seeking to file a restraining order due to your safety being at risk, please contact an experienced Los Angeles Restraining Order Lawyer today. We will guide you through all of the necessary steps to protect your rights and to clear your name.
It is rather easy for someone to obtain a restraining order against you. Do not make the assumption that just because the accuser’s claims are unjustified and false that the court will rule in your favor. More often than not restraining orders are upheld unless you defend yourself. That’s where Law Advocate Group comes in. We make sure that your rights are upheld as well. Having a restraining order taken out against you can result in a wide range of legal complications. Make sure that you have an experienced Los Angeles Restraining Order Lawyer by your side to defend your name and rights.
Some examples of the wide range of restraining orders in Los Angeles
There are generally four types of restraining orders that can be requested in the state of California. Failure to request the proper order or the filing of incorrect documents can result in a judge denying or refusing to hear your case. They are broken up into categories and sub-categories.
General Degrees of Restraining Orders:
- Permanent Restraining Orders
- Temporary Restraining Orders (TRO)
- Permanent Restraining Orders
- Emergency Protective Orders (EPO)
Examples of Restraining Orders that can be filed:
- Civil Harassment Restraining Order
- Domestic Violence Restraining Order
- Victim of Stalking & Harassment Restraining Order
- Elder Abuse Restraining Order
- Workplace Violence Restraining Order
Los Angeles Restraining Order Process
While the documents being filed have specific requirements because all cases are different, the process of obtaining a restraining order or fighting a restraining order in Los Angeles is fairly the same. While restraining order violation allegations are handled by Los Angeles County’s criminal courts, the issuance of restraining orders fall within the jurisdiction of the county’s civil courts, specifically, family law courts. Therefore, because different judges and different courthouses handle criminal and civil matters, a judge that issues a restraining order would, absent unusual circumstances, not be the judge that presides over an alleged violation of that restraining order.
Protection Orders in Los Angeles | Law Advocate Group, LLP
To be penalized for a restraining order violation in LA, a criminal prosecutor must have proof that the person being accused of breaking the restraining order has actually been near the victim. While restraining orders are a vital part of the legal system to protect the innocent from harm or harassment, restraining orders themselves can be used to bully someone as well.
Scorned lovers, ex-spouses, jealous co-workers or stalkers have been known to take out unwarranted restraining orders or protection orders on the innocent to cause unrest in their lives or to get attention. This is a crime in and of itself and the accused will need the best Los Angeles Restraining Order Lawyer there is to defend and clear their name.
There is no minimum amount of custody required for someone who is found guilty of violating a restraining order. However, if an injury occurs as a result of the restraining order violation, a minimum of 30 days in county jail is required. If the injuries are serious or the restrained person has a previous conviction for violating a restraining order in the last seven years, the penalties can increase and the restrained person can be charged with a a felony. In cases involving injuries or credible threats of violence, criminal prosecutors can also charge defendants with assault, battery, or with making criminal threats.
Appealing a Restraining Order In Los Angeles County
You are within your legal rights, and actually expected to appeal a judge’s decision in a Los Angeles restraining order case. Restraining order appeals are heard by 3 judge panels in the Court of Appeals. The Court of Appeals for Los Angeles is the Second Appellate District.
Appeals of restraining orders will not be successful if the only allegation of error on the part of the judge is that he or she believed the wrong side’s version of events. These “issues of facts” are final. Issues related to the law and its application are not final and may be appealed.
Attorney-Client Privilege is of the utmost importance to us at Law Advocate Group, LLP
Having an Experienced Los Angeles Restraining Order Lawyer is Important
Law Advocate Group’s Lawyers are based in Beverly Hills, Los Angeles. Our attorneys have acquired decades of experience in legal representation, and specialize in Los Angele Restraining Order Laws. Our skills and knowledge are a top resource for our clients that has been recognized by industry peers and judges. If you have a matter specifically involving a Los Angeles civil or domestic dispute, please take a moment to fill out the form below so that we may get in contact with you.