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Restraining orders can be a useful legal tool. They may protect someone who is a victim of domestic violence or who has been threatened with violence at work. However, they can also be misused, as in the case of a vindictive former spouse who wants to prevent the other parent from spending time with their mutual children. Because restraining orders can have complex restrictions it’s not unusual for an individual to violate the court order, sometimes even when they are unaware of having done so. Whether you are trying to prevent someone from getting a restraining order against you or need a lawyer to defend you against charges of violating a restraining order the attorneys at this Los Angeles criminal defense firm are prepared to help you.
What Is the Difference Between Temporary and Permanent Restraining Orders?
A California court may grant a temporary restraining order to keep all parties safe until a hearing can be held to decide whether or not a permanent restraining order is appropriate. The temporary restraining order is valid for approximately one month with the hearing usually occurring about three weeks into that term. If the judge decides that a permanent restraining order is necessary, then one will be granted for a term of about one to five years. Clearly, the term “permanent” is rather loosely applied, but even a one year order can make a big difference in the case of a parent who is being prevented from seeing their children.
The individual who is seeking a temporary restraining order is required to serve the other party with all pertinent documents or to provide the court with a statement regarding why such service would be dangerous to complete. When it comes to permanent restraining orders, the documents must always be served. Typically, an officer of the court or another representative can take care of serving the papers.
Various California Restraining Orders
California recognizes four major categories of restraining orders. The person seeking such an order must fill out pertinent documents and may also be required to submit supporting evidence. If the applicant fills out the wrong form or does not supply all necessary documentation, then their request will likely be denied.
An elder abuse restraining order can protect elderly people from neglect or prevent another person from depriving the elderly of basic necessities. It may also protect the elderly individual from financial abuse by a relative or other person who has wrongfully used the elder’s economic resources.
Workplace violence restraining orders must be applied for by an employer who is acting on the behalf of an employee. These requests often come about after an employee has been stalked or harassed by another person. Essentially, any behavior that causes the employee to feel afraid for their safety and well-being may cause an employer to seek a workplace violence restraining order.
Domestic violence restraining orders are far more common than either of the two types of orders mentioned above. In order to qualify for a domestic violence order, the two individuals involved must be closely related. This means parent and child, grandparent and grandchild or siblings. Of course, this type of restraining order also applies to married couples and registered domestic partners. Even people who are now separated, divorced or used to live together may be qualified to file for a domestic violence restraining order. It’s important to keep in mind that although incidents of physical violence are included under these restraining orders, it is not necessary for physical abuse to have occurred in order for a domestic violence restraining order to be granted. Allegations of emotional abuse are also used as the basis for a restraining order.
The civil harassment restraining order covers pretty nearly all other instances under which one person may feel that they are being harassed or annoyed by another party. If the circumstances are ones under which an ordinary, reasonable person might feel frightened or threatened, then it is likely possible that this person could get a civil harassment restraining order. As long as the other party does not have a legal excuse for their behavior there may be valid grounds.
If you have been notified that someone is trying to get one of these types of restraining orders against you, then you need an attorney to defend your interests. Being restrained by a temporary or permanent order can have a massive impact on your life. From being forced to move or being prevented from seeing your children, almost all of the outcomes are going to be negative. With the representation of an experienced Los Angeles restraining order attorney it may be possible to prevent a permanent restraining order from being granted.
Los Angeles Restraining Order Violations
Restraining orders can have very complicated restrictions. The judge is free to impose a variety of constraints, most of which include refraining from any contact with the individual including by phone or through the mail. Most restraining orders are explicit about the restrained person not approaching the other person within a certain radius. Unfortunately, it is possible for the restrained person to violate the order, and this may result in serious legal consequences.
Whether you are fighting a permanent restraining order or have been accused of violating an existing order, you need an attorney to fight for you. Contact the Los Angeles restraining order lawyers at this firm to get the help you need.