Los Angeles Restraining Order Attorney

What Do You Need for a Restraining Order in California?

A restraining order, sometimes called an order of protection, is a civil action that will outline what contact (if any) is permitted between a person who has formerly committed violence or threats against another person. Many times victims of domestic violence will have restraining orders placed against the perpetrator to prevent them from coming within a certain distance of their home, work, or school to ward off any further instances of violence or threats.

There are four main types of restraining orders that are issued to protect domestic violence victims in Los Angeles:

• Emergency Protective Order (EPO) - For domestic violence victims for their immediate protection and safety.
• Domestic Violence Temporary Restraining Order (TRO or DVRO) - Effective for three weeks but can be made into a permanent restraining order for 1 to 3 years; for domestic violence victims.
• Criminal Protective Order (“No Contact” Order) - Issued in active domestic violence cases. With this order, your abuser cannot call, write, e-mail, or contact you at all except through lawyers.
• Civil Harassment Restraining Order (CHO) - Used to stop harassment, threats, stalking, etc. by neighbors, roommates, and co-workers.

A Los Angeles family law attorney from Claery & Hammond, LLP can help you take the proper actions to obtain a restraining order to make sure both you and your family are protected.

Looking to protect you and your family by obtaining a restraining order? Contact us today to learn more about your options!

How to Prepare a Restraining Order in California?

If you or someone in your household has been threatened, harassed, or otherwise placed in immediate danger of sustaining harm in California, you should speak to an attorney at our firm about the possibility of a restraining order. A restraining order is an order made by the court to protect a person from physical pain or injury or the threat of pain or injury. Restraining orders are often issued against family members or household members, including husbands, wives, parents, roommates, or people who have recently dated.

A restraining order basically tells a person to stop hurting, hitting, threatening, or harming another person, and orders them to stay away from places where the victim might be (their home, school, or place of work). If a person violates the terms of the restraining order, they can be arrested and may face criminal charges.

When trying to get a restraining order placed against another person in California, there are many different legal actions that must be taken, beginning with preparing the appropriate documents. There are many forms that will need to be completed and filed, and a California family attorney will help you through this process. Legal matters like restraining orders can be complicated and confusing for those with no formal legal training, so it will be very beneficial to you and the speed of your case to hire a lawyer to handle the situation.

Domestic Violence Restraining Orders

If you and/or your children are being abused, you should seriously consider taking out a domestic violence restraining order against your spouse. A domestic violence restraining order is a valuable legal tool; it’s a court order that protects you and your children from your abuser.

Under California law, spouses can ask for a domestic violence restraining order when their partner, spouse, or domestic partner:

• Has abused them
• Has threatened to abuse them
• Has abused their children
• Is threatening to harm their children

If your spouse has never abused you, but they have abused your children, you can file a restraining order on behalf of your son or daughter. On the other hand, if your child is 12 or older, then they are able to file a restraining order on their own with the court.

What are the Effects of a Restraining Order?

While a restraining order cannot physically stop your spouse or domestic partner from harming you, it has legal effects which can deter him or her from continuing the abuse. Not only that, if he or she violates the restraining order, they can be arrested and incarcerated.

What a domestic violence restraining order can do:

• Order your abuser to stop abusing you or your children
• Order the abuser to stay away from you and your children
• Order the abuser to move out of the family home
• Prohibit the abuser from having a gun
• Order the abuser to pay child and/or spousal support
• Order the abuser to pay certain household bills
• Prohibit the abuser from making changes to any insurance policies
• Tell him or her that they cannot make any large purchases
• Require that the abuser completes a 52-week batterer intervention program

Once the local court issues a restraining order, the information will be entered into a statewide database called CLETS, which all law enforcement officers in the state have access to. If you decide to move to another state for some reason, be sure to notify law enforcement in the new state about the restraining order in California.

While a California domestic violence restraining order can do several things, it cannot end a marriage or domestic partnership, and it cannot establish paternity. In other words, a restraining order does not act as a divorce or paternity action; those are separate court actions.

Restraining Orders and Child Custody

Depending on the degree of abuse and the facts of the case, a restraining order can have an impact on child custody.

If you obtain a restraining order against an abusive spouse or domestic partner, the effects can be significant, for example, the abuser may have to stay away from you and your children, and they may not be able to see your child unless the visit is supervised, if at all.

If your spouse is violent and abusive and they are not a U.S. citizen, the restraining order may affect their immigration status.

Get Help with Restraining Orders in LA County

At Claery & Hammond, LLP we handle all types of situations involving domestic violence and restraining orders in the greater Los Angeles area. If you or someone you love has been threatened or harmed, you should speak to one of our lawyers about obtaining a restraining order. If you have had a restraining order wrongfully issued against you, an attorney from our firm can help you fight to have the order lifted. Restraining orders will prohibit a person from coming within a certain distance of another, and this could cause problems in your life if you work, live, or commute in close proximity to the person who is protected by the order.

Regardless of the factors involved in your unique case, our dedicated attorneys can provide you with the effective legal counsel and powerful advocacy you need and deserve. We encourage you to contact us as soon as possible if you are involved in a domestic violence situation and would like more information about restraining orders in Los Angeles.

Looking to establish a restraining order? Call Claery & Hammond, LLP at (310) 817-6904.