Restraining Order FAQs
Sept. 30, 2022
Retraining orders are court-issued orders granted for the purpose of preventing abuse, harassment, violence, and stalking. However, restraining orders are some of the most confusing court orders.
As a criminal defense attorney at the Alec Rose Law Office, I have experience helping clients seek and fight restraining orders in Los Angeles and throughout the state of California, including but not limited to San Bernardino County, San Diego, Orange, Ventura, Santa Barbara, and Riverside. If you have more questions relating to restraining orders, contact my office today, and I’ll address your questions personally during a free consultation.
What Is a Restraining Order?
According to the Judicial Council of California, a restraining order is an order issued by courts in situations when it is necessary to protect an individual from being harassed, harmed, threatened, stalked, or abused (physically or sexually) by another individual.
Typically, a restraining order is issued to tell one individual (the restrained person) to have no contact with or to stay away from another individual (the protected person). The terms of the order may differ depending on the reason for the order.
What Are the Different Types of Restraining Orders?
California courts issue three main types of restraining orders:
Emergency protective order. California law allows officers of the law to request an emergency protective (restraining) order when they have a reasonable belief that an individual is in need of protection from the immediate danger of domestic abuse or violence.
Temporary restraining order. As the name implies, these restraining orders have an expiration date and usually last from 20 to 25 days. Typically, California courts issue temporary restraining orders when the judge believes that the person in need of protection is in immediate danger and cannot wait until the court hearing.
Permanent restraining order. California courts can issue permanent restraining orders if, during a court hearing, the judge rules that the party requesting a restraining order is in danger. Depending on the circumstances, a permanent restraining order may last for weeks, months, years, or for the rest of the restrained person’s life.
Common Reasons Restraining Orders Are Filed
In most cases, restraining orders are filed because the person who requests protection has been abused or threatened with abuse by the individual against whom the order is sought. However, a restraining order may also be issued to protect a person from stalking, assault, harassment, sexual abuse, and mental abuse.
The main purpose of a restraining order is to keep the protected person safe and prevent further abuse, harm, or threats from the restrained person.
How Will a Restraining Order Impact My Life?
Depending on the terms of the restraining order, it may prohibit direct and indirect contact between the restrained person and the protected person. In other words, if a restraining order is issued against you, you will be prohibited from having any contact with the protected person, including but not limited to:
Social media messages or other interactions
Other means of direct communication or communication through third parties
A restraining order may also prohibit you from coming within a specified distance of the protected person’s home or job. A restraining order can significantly impact your life if you and the protected person share children together and/or if you and the protected person reside in the same home.
What Do I Do if I’ve Had a Restraining Order Filed Against Me?
If you have had a restraining order – temporary or permanent – filed against you, you should follow the terms of the order because violating a restraining order is treated as contempt of court in California.
When the protected person files a restraining order, you have a chance to tell your side of the story at the hearing to convince the judge that the order should not be imposed or should be lifted. Consider contacting a skilled attorney as soon as you are served with the restraining order. You will have a limited amount of time to gather the necessary evidence and build a solid defense, so you need to act quickly.
How Do I Fight a Restraining Order?
You will have your chance to fight a restraining order at the hearing. You will be informed about the date of the hearing when you are served with the order. Typically, a hearing is arranged within 21 days from the date of service. You may need the assistance of an experienced attorney to help you fight the restraining order and present your arguments before the judge in the most convincing manner possible.
What Are the Consequences of Violating a Restraining Order?
If you have been served with a restraining order, make sure that you read the terms of the order carefully. If you need clarification, seek legal advice from an attorney. It is not uncommon for people against whom a restraining order was issued to violate the order simply because they do not understand the restrictions imposed on them. The consequences of violating a restraining order in California can be dire. In addition to possible imprisonment and hefty fines, the court may order restitution and counseling, among other penalties.
How Can an Attorney Help?
Whether you need to file or defend a restraining order, having legal counsel can significantly increase your chances of a favorable outcome. Your attorney will advocate for your rights during the hearing to convince the judge that imposing the restrictions would be necessary (if you are seeking a restraining order) or unnecessary (if you are fighting a restraining order).
At the Alec Rose Law Office, I assist clients with all aspects of the restraining order process, including but not limited to drafting and reviewing paperwork and documentation, filing legal motions, gathering evidence, performing cross-examination, and advocating for their rights and best interests, among other things.
The Alec Rose Law Office Can Help You File or Fight a Restraining Order
Whether you are seeking or facing a restraining order, navigating the legal process can be complicated. If you wish to file a restraining order or have been served with one and want to fight it, contact my office in Los Angeles, California, for guidance. Reach out to the Alec Rose Law Office to schedule a free consultation and get started on your case immediately.