Domestic Violence Restraining Order
Have you had a domestic violence restraining order issued in your name in Los Angeles, California? If so, the knowledgeable criminal defense attorneys at the Rodriguez Law Group may be able to help you get some restrictions lifted or have the injunction lifted. Reach out to our experienced team today to set up a free consultation and get started.
- 1 How Our the Rodriguez Law Group Can Help You Fight Back Against a Domestic Violence Restraining Order in Los Angeles
- 2 Understanding the Process of Getting a California Domestic Violence Restraining Order
- 3 Types of Domestic Violence Restraining Orders in California
- 4 Typical Restrictions Included in California Domestic Violence Protective Orders
- 5 Penalties for Violating a California Protective Order
- 6 Defenses Against Domestic Violence Restraining Order Violations
- 7 Are You the Subject of a Domestic Violence Restraining Order? Contact Our Law Firm Today
How Our the Rodriguez Law Group Can Help You Fight Back Against a Domestic Violence Restraining Order in Los Angeles
Over the years, The Rodriguez Law Group has helped countless clients fight back against their domestic violence restraining orders. When you ask our Los Angeles criminal lawyers to do the same for you, we will:
Devise an Effective Defense Strategy
When you hire the Rodriguez Law Group to help you fight to get your domestic violence restraining order lifted, we will thoroughly review your case and devise an effective defense strategy. Our law firm has been handling cases of this nature for many years, so we know which strategies are best for each situation.
Provide You with Astute Legal Advice and Guidance
As you fight back against your court order, you are all but certain to encounter a variety of situations and scenarios that you aren’t quite sure how to handle. Fortunately, the Rodriguez Law Group has been through the system many times before – and our team will be happy to provide you with the advice you need to get through your case in one piece.
Represent You at Your Restraining Order Hearing
Before a California court can issue a permanent restraining order in your name, it must give you the opportunity to defend yourself at a hearing. When you hire the Rodriguez Law Group, our experienced attorneys will be on-hand to argue on your behalf at that hearing.
Are you ready to fight back against your California restraining order with the help of a lawyer from the Rodriguez Law Group? If so, give us a call today to arrange a free consultation at our headquarters in Los Angeles. Our knowledgeable legal team has handled numerous cases just like yours and is more than ready to go to battle for you.
Understanding the Process of Getting a California Domestic Violence Restraining Order
A restraining order (or protective order) is an injunction issued by a judge that prevents a person from engaging in certain activities and behaving in specific ways. One person can seek a domestic violence restraining order against another if:
- That person physically abused or threatened to abuse them, and
- They have a close personal relationship with that person
The state of California typically classifies two individuals as having a close personal relationship if they are:
- Domestic partners
- Living together
- Parents of the same child, or
- Closely related (brothers, sisters, etc.)
To obtain a domestic violence protective order in California, a person must typically follow these steps:
The first step in the restraining order process is filing the necessary documents with the court. In California, there is no fee to file.
Once the judge receives the legal forms, they decide whether or not to make the court order official within 48 hours. If granted, the order remains in place until the court holds an official hearing.
For a protective order to be valid in California, the subject must get a copy of the papers. Most people fulfill this requirement by hiring a process server.
When the restrained person receives their papers, they have the right to issue an official response before their hearing date. In this response, they can explain their side of the story.
Restraining Order Hearing
Once the court date arrives, the judge will hear arguments from both parties. If the restrained individual does not appear at the hearing, the court will not take their side of the story into account.
When the hearing concludes, the judge will decide whether to end the injunction or extend it for up to five years.
No matter what stage of the legal process you are currently in, the attorneys at the Rodriguez Law Group are always available to help you with your fight. Our knowledge of the law and experience in the industry allows us to handle even the most complex cases. Give us a call today to set up a free consultation at our Los Angeles offices or learn more about our legal services.
Types of Domestic Violence Restraining Orders in California
There are four main types of domestic violence restraining orders in the state of California. They are:
Emergency Protective Orders
An emergency protective order is a type of injunction that can only be requested by a police officer. Courts can issue these orders in a matter of minutes – at any time of day or night. They can last for up to seven days.
Law enforcement officers typically request these injunctions while responding to serious domestic violence incidents.
Temporary Restraining Orders
When judges in the state of California receive requests from alleged victims of domestic abuse, they can issue temporary orders to keep them safe. These injunctions typically last until the court can hold a more detailed hearing on the matter.
Permanent Restraining Orders
If, after hearing arguments from both sides, the judge decides that the requestor has a valid reason for requiring protection, they have the authority to issue a permanent order. Injunctions of this nature can last for up to five years – but may be renewed if necessary.
Criminal Protective Orders
When California district attorneys charge an individual with domestic violence or sexual assault, they can also ask for a criminal protective order to keep their victim safe. If the defendant is convicted of their crime, these injunctions can remain valid for up to three years.
Over the years, the skilled lawyers at the Rodriguez Law Group have helped numerous Los Angeles residents get their restraining orders lifted. If you would like to have us try to do the same for you, all you need to do is pick up the phone, give us a call, and schedule a free consultation with a member of our team.
Typical Restrictions Included in California Domestic Violence Protective Orders
When Los Angeles residents have domestic violence restraining orders issued in their name, they usually have to adhere to certain restrictions, like:
- Residence Restrictions: Restrained persons often have to move out of their marital home.
- Communication Restrictions: Courts typically forbid the subjects of restraining orders from communicating with the protected person.
- Firearms Restrictions: Restrained persons frequently lose their right to buy, use, and carry guns.
- Behavioral Restrictions: Most injunctions prevent restrained persons from stalking, harassing, and threatening the protected party.
The terms of a California protective order may also insist that the subject follow their child custody agreement, refrain from making changes to insurance policies, and pay child support.
Having spent many years in the legal field, our attorneys are familiar with just about all of the common restrictions in these court orders. If you would like to have us fight to try to get your restrictions lifted or altered, please give us a call or contact us online.
Penalties for Violating a California Protective Order
When a Los Angeles resident is the subject of a restraining order, their information is entered into a database at the Department of Justice. Should a police officer catch them violating the terms of their injunction, they can face charges under section 273.6 of the California Penal Code.
If convicted, they may face:
- A fine of up to $1,000
- Up to one year in county jail
- A permanent criminal record
Have you been accused of violating the terms of your California domestic violence restraining order? Then please reach out to the attorneys at the Rodriguez Law Group as soon as possible. Our legal team has years of experience in the industry and is more than ready to stand up for you.
Defenses Against Domestic Violence Restraining Order Violations
When they are charged with violating a protective order, the people of Los Angeles often think that it is just a matter of time before they are convicted. However, there are numerous defense strategies that may prevent that nightmare scenario from becoming a reality. This can include claiming that:
- They did not know about their restraining order
- They did not fully understand the terms of their injunction
- They did not intend to violate their court order
- Their injunction was improperly issued
Would you like to have the experienced Los Angeles criminal defense lawyers at the Rodriguez Law Group help you devise an effective strategy for your case? Then please give us a call or contact us online today.
Are You the Subject of a Domestic Violence Restraining Order? Contact Our Law Firm Today
Over the years, the Rodriguez Law Group has helped countless Los Angeles residents fight back against domestic violence court orders issued in their names. We would love to do the same for you. Contact our Los Angeles law office to set up a free initial consultation with one of our experienced criminal defense attorneys.
The Rodriguez Law Group
Los Angeles Criminal Defense Attorney
626 Wilshire Blvd #900,
Los Angeles, CA 90017
Last Updated on May 31, 2021