An Experienced Team Defending the Legal Rights of Parties Contending with Restraining Orders in the Greater Los Angeles Area

Being served a restraining order is a grave legal matter, and you must respect the implications if you ever violate such an order. Typically, someone is served with a temporary order, which then can become a permanent restraining order. You must act quickly to prevent the temporary restraining order from becoming permanent, which would seriously restrict your rights, lifestyle, and future life. It is not an easy task to challenge a restraining order in Los Angeles County, and many who attempt to do so often face disappointment. To dramatically increase your chances of success, it is highly recommended that you seek the professional legal guidance of experienced attorneys well-versed in these practice areas.

Our Southern California law firm has extensive experience representing clients in various legal issues relating to criminal law and restraining orders. With our legal assistance, we will work together to develop a strategy that supports your goals and helps you seek a favorable outcome.

We understand that this is a sensitive legal issue for both you and the individual who requested the restraining order. We will treat your case with compassion while also defending your interests and working to see the restraining order lifted. To learn more about the benefits of retaining our legal services, contact our team for a free case evaluation today.

Is There a Difference Between Protective Orders, No-Contact Orders, and Restraining Orders?

In California, protective orders and restraining orders are two words for the same thing. They both provide legal protection to someone who believes they are in immediate danger and prevent the opposing party from coming within a specified distance.

No contact orders are typically issued in criminal cases as a condition of probation, parole, or bail. No contact orders require defendants to refrain from contacting the alleged victim by any means, including over digital communications. In California, no-contact orders are often issued immediately in domestic violence, harassment, stalking, and sexual assault criminal cases. One of the primary aims of no-contact orders is to prevent the accused defendant from intimidating the victim during the legal process. Typically, a no-contact order remains in effect until the case is concluded.

Violating a restraining order or a no-contact order can result in serious consequences, including potential criminal charges, revocation of bail, and other penalties.

What Does a Restraining Order Do?

When a person is served with a restraining order, they are prohibited from engaging in specific actions and must maintain a specified distance from the protected person for a specified period.

Among the many actions that restrained individuals cannot do include actions that could be considered illegal on their own, such as striking, threatening, stalking, or harassing the protected party. However, it is not likely to end there.

Once restraining order papers are served, the restrained party cannot perform the following acts:

• The restrained person cannot make any contact with the other party under any circumstances, unless it is allowed and typically supervised
• Suppose the party seeking protection is a domestic partner, spouse, family member, or someone else with whom you have a close relationship and share a residence. In that case, you will typically be forced to leave the home during the duration of the restraining order, even if your name is on the lease or deed
• Restraining orders require the restrained person to remain a specified distance away from the protected individual and to stay far away from places where they live, work, or regularly visit
• In many cases, the legal action of restraining orders being filed requires that the restrained individual surrender, sell, or lock away any firearms and ammunition they legally possess

It’s important to note that not all restraining orders are created equally, and some requirements that may apply to one restrained person may not necessarily apply to the next. It is essential to hire experienced lawyers familiar with the legal complexities of protective orders in the Los Angeles area so that you remain fully aware of your rights and responsibilities.

What Are the Different Types of Los Angeles Restraining Orders?

There are many different types of restraining orders that can be used to protect individuals from perceived harm or threats.

Examples include the following:

Temporary and Permanent Restraining Orders

When the party seeking protection presents evidence that they are fearful of immediate bodily harm or that another party has regularly harassed them, a judge can issue a court order for their protection. Usually, the order will be temporary at first. During the temporary stage, lawyers and others will go about gathering evidence to support the claims of necessity for the protective order. If it’s determined that the party seeking protection has the necessary evidence for a permanent restraining order, the judge will issue that order next. Early intervention is often necessary when facing temporary restraining orders, as they may otherwise become permanent.

Civil Harassment Restraining Orders

Civil harassment restraining orders are created to offer an alleged victim a certain level of protection from threats, harassment, and violence perpetrated by an individual outside of a close personal or romantic relationship. Such an order may be issued against coworkers, neighbors, distant relatives, and acquaintances.

Domestic Violence Restraining Orders

Perhaps the most common type of restraining order is the domestic violence restraining order, which protects parties from fear of threats of violence or domestic abuse. To secure a domestic violence restraining order, the parties seeking protection must fear violence or threats of violence from a spouse, ex-spouse, domestic partner, ex-partner, or close family member.

Emergency Protective Orders

Law enforcement officers can request emergency protective orders if they have a reasonable suspicion that a person is in immediate danger. In general, police officers will submit a request for an emergency protective order after the person has called 911 and requested law enforcement assistance. Emergency protective orders go into effect right away and, especially in cases involving domestic violence, may require the restrained person to leave the shared household immediately.

Workplace Violence Restraining Orders

An employer obtains these restraining orders on behalf of one of their employees who has suffered violence or is under threat in the workplace. Additionally, similar restraining orders can also be requested by private colleges seeking school violence restraining orders to protect their students.

Other types of protective orders include elder abuse restraining orders, gun violence restraining orders, criminal protective orders, and more. To learn more about these civil restraining orders and other types of protective orders, please get in touch with our law office to request your free initial consultation with our legal team.

How Can a Person Obtain a Restraining Order in Los Angeles County? 

Like other legal actions, obtaining a restraining order requires the requesting party to go through a specific process. The legal process begins by submitting many forms and documents. To ensure that the proper documents are being submitted, the party seeking protection typically works under the guidance of restraining order lawyers.

The party seeking protection must then attend a court hearing with a judge. During the restraining order hearing, both the party seeking protection and the party to be restrained will have the opportunity to present their case before the judge. Whatever side you are on in this part of the legal process, you must retain professional legal support from attorneys to ensure that you do not need to go through this emotionally exhausting process on your own.

Upon receiving a court date, the restraining order papers must be served to the other party immediately. Once the restrained party has been notified of the protective order, they will be bound by the language of the court order. In many instances, law enforcement serves the papers. Still, you could opt to have the documents served by anyone over the age of 18 who is not directly involved in your case.

Can Our Attorneys Help You Challenge a Restraining Order?

If you have been served with a restraining order in Los Angeles, our experienced attorneys are here to lend valuable legal assistance.

Our in-depth knowledge of state laws makes us highly qualified legal representatives capable of obtaining or defending against restraining orders in Southern California. We can provide you with an in-depth understanding of your legal options, ensuring you make informed decisions throughout your case.

We have extensive experience representing clients in courtroom proceedings and can provide you with the effective advocacy you require to help you meet your needs. This can include cross-examining witnesses, gathering evidence to support your claims, and making compelling arguments on your behalf.

Various constitutional and procedural rights protect all parties, and our legal team will ensure that those rights are being upheld. We can also assist with negotiating for a satisfactory resolution or a settlement that is more favorable to your goals.

By acting quickly, it may be possible to challenge a temporary civil protection order before it becomes permanent, thus upholding many of your rights and freedoms.

What Are the Potential Consequences for Violating Restraining Orders in LA?

When the restrained person violates a protective order, they may face harsh punishments and lose additional freedoms. It may be tempting to step outside the confines of a restraining order, particularly if that order was obtained due to false accusations or misunderstood evidence, but it is essential to follow the orders carefully, no matter what.

The precise punishment that can be handed down for violating a restraining order will depend upon the type of order that has been violated. For instance, if the restrained individual was explicitly ordered to hand over their firearms but evidence shows that they still possess a gun, they may face a certain length of time behind bars and have to pay costly fines. The possibility of jail time may also be in store for those who merely approach a protected person when the restraining order is still in effect.

Not only are there severe punishments in store for those who violate restraining orders, but it is also far more difficult to dispute or challenge a restraining order once it has been violated.

What Legal Defense Strategies Can Help a Restrained Person Who Violates a Restraining Order?

If you have been accused of violating a restraining order, the California court system is likely to react harshly and hand down severe penalties upon you. There are, however, ways to defend yourself from the accusations that you have violated a protective order.

Examples of criminal defense strategies that could be utilized after the alleged violation of a restraining order include the following:

• Establish a lack of knowledge that the order existed or the parameters of the order
• Attempt to show that the restrained party only contacted the protected individual because it was an emergency
• Show that the restraining order was obtained after some misunderstanding or mistaken identity
• Prove that the false accusations of the protected party resulted in the restraining orders being served
• And other legal strategies for challenging the validity of the protective order and arguing that a dismissal or termination of the order is warranted

Contact Our Southern California Law Firm to Request a Free Consultation with a Los Angeles Restraining Order Attorney Today

Being issued a restraining order can come with several unforeseen consequences, such as the possibility of seeing your child custody rights impacted, the loss of your firearm rights, and severe restrictions on your movements. If you violate a restraining order in California, you may be met with even harsher consequences, including the possibility of jail time.

As your legal representation, we will gather all relevant evidence, including witness statements, photographic evidence, police reports, and other pertinent documents, to help defend your interests and have the order lifted, thereby restoring your rights.

To learn more about how we can assist you today, please contact our law office to request a free and confidential consultation with our attorneys. You can reach us at 818-495-8330.