Los Angeles Restraining Order LawyerIf you’ve been served with a restraining order in Los Angeles, it’s time to act. We know that domestic violence orders and civil harassment restraining orders are not just another legal matter. They have real and lasting consequences. Domestic violence and restraining order cases can deprive you of your rights, tarnish your reputation, and potentially lead to a criminal conviction with just one misstep.
RP Defense Law APC takes restraining orders seriously. A significant number of our clients approach us amidst serious separations and parental rights disagreements. Allegations can be exaggerated or just outright false. Without an advocate, the court will not be aware of the whole story.
Each hearing provides your sole opportunity to present your defense. A hearing will decide whether you are permanently restricted from your home, children, and rights, such as the right to carry firearms. RP Defense Law APC provides aggressive, strategic defense when you need it most. Call RP Defense Law APC at (818) 646-3443 to schedule a confidential consultation.
A restraining order is a court order that’s intended to keep a person from harassment, abuse, stalking, or threatening. In California, a restraining order is legally binding and can have civil and criminal consequences for violation. Restraining orders protect people beyond domestic violence scenarios, including conflicts between neighbors and coworkers, as well as disputes with former friends or strangers.
Restraining orders are usually given in two steps. First, an individual can file for a Temporary Restraining Order (TRO). This is a short-term order that is typically issued by a judge without hearing your side of the story. This temporary order is in place for about 20–25 days, and in the meantime, a court hearing is scheduled where both parties have an opportunity to present evidence.
A judge may issue a permanent restraining order if they think there is sufficient cause. The restraining order can remain active for five years, with extended durations possible in certain situations.
While these are civil proceedings, the stakes are high. A restraining order can keep you from going home, seeing your children, possessing firearms, or, if your employment requires a security clearance or professional license, even keeping your job. You could face arrest and criminal charges if you intentionally or accidentally violate a restraining order.
The mistake many people make is not taking a restraining order seriously until it’s too late. After a permanent order shows up in your record, its effects become permanent. At RP Defense Law APC, we know what’s at stake. We defend clients by using aggressive and strategic methods because your opportunity to tell your side of the story comes only once.
In California, there are several types of restraining orders. The restraining order issued against you affects which relationship proof the petitioner needs to establish in court, as well as the evidence required and potential penalties for you. Here are some of the most common restraining orders and how they function.
Domestic Violence Restraining Orders (DVROs) are the most frequently issued and most serious restraining orders in California. Restraining orders are available for incidents involving persons who maintain or previously shared a close personal relationship, such as spouses, dating partners, cohabitants, or family members. A DVRO can:
Courts may grant DVROs in situations involving physical abuse, threats, harassment, emotional abuse, or instances where someone’s peace has been disturbed. They are frequently issued during breakups, divorces, and custody disputes, and can affect everything from your housing to your parental rights.
Civil harassment orders are used when the parties don’t have an intimate or family relationship. A civil harassment order can be sought against neighbors and roommates as well as coworkers, acquaintances, and strangers. A Civil Harassment Restraining Order can be issued for:
Although the standard of proof is lower than in a criminal case, restraining orders still have long-term consequences. Orders are entered into California’s CLETS system and may show up on background checks.
A restraining order can be filed by an employer on behalf of an employee when there is a legitimate fear of physical harm, harassment, or stalking in the workplace. Employers use this type of restraining order to protect their employees against violent acts by those who may pose a threat to an employee’s safety, such as former employees or customers.
If a Workplace Violence Restraining Order is filed against you, you may be prohibited from entering your place of employment or have restricted contact with certain individuals. Breaching a Workplace Violence Restraining Order may lead to criminal prosecution and termination of employment.
This restraining order may be issued against anyone who abuses or seeks to abuse an elder (age 65 or older) or dependent adult (age 18–64 and incapable of self-care) physically, emotionally, or financially. Allegations of abuse are common in caregiving relationships, family disagreements, or financial conflicts. The courts take these orders very seriously, and they may involve Adult Protective Services or a law enforcement investigation.
Being served with a restraining order is a legal matter of the utmost severity. Once a Temporary Restraining Order (TRO) is served on you, it will already be active, and you must fully comply with all mandated conditions despite any belief in false or exaggerated allegations.
A TRO can immediately put you out of your own home, take your children away from you, and bar you from any form of contact, in-person or by phone, online, or through family and friends. It may also prevent you from possessing or buying firearms, and your name will be placed in California’s CLETS database (California Law Enforcement Telecommunications System), accessible to law enforcement throughout the state.
Violating any provision of the order, even inadvertently, can result in your arrest, criminal charges, jail time, and a permanent mark on your record. A restraining order hearing will usually be scheduled within about three weeks of service.
This hearing is your only real opportunity to contest the order and present your side of the story in court. The judge will then decide whether to dismiss the case or issue a permanent restraining order, valid for up to five years and with serious ongoing consequences.
Many individuals fail to prepare adequately for these hearings because they believe that the truth will prevail on its own. However, restraining order hearings are fast-paced, and judges can make their orders based on one-sided or uncorroborated claims unless they are effectively argued.
Most people have no idea just how devastating a restraining order, even a civil one, can be. The fallout goes way beyond short-term inconvenience. If the court issues a permanent restraining order, it can affect every part of your life.
First, a restraining order appears on background checks. Background checks that reveal restraining orders can affect job opportunities, housing prospects, and professional licensing, while also posing risks to immigration status. Landlords, government agencies, and employers may see you as high risk, no matter the facts of the situation.
Both California and federal law typically require that permanent orders contain firearm prohibitions. This is true even if you have never been arrested for, or convicted of, any offense. You will be required to turn over any firearms that you own, and you may face criminal charges if you do not.
You may also be denied custody or restricted visitation with your children, even in family law proceedings that have nothing to do with the restraining order matter.
Violating a restraining order results in criminal charges regardless of intent. A simple mistake, such as sending an unintended text message or running into the protected individual, can trigger charges leading to jail and substantial fines. A restraining order functions as more than just a document because it establishes a legal verdict that affects your life for many years.
Filing restraining orders does not always reflect genuine intentions. In fact, many of them are filed in anger or as a form of revenge. Others are filed as part of a legal strategy during divorce, custody, and property battles. Too often in California, the courts grant temporary restraining orders without allowing both sides to be heard, which allows the filing party to have a sometimes unfair advantage.
At RP Defense Law APC, we have seen firsthand how restraining orders can be abused. These often stem from situations of manipulation, which is, unfortunately, a common occurrence. Common motives for false or retaliatory restraining orders include:
Civil court standards of proof may be easier, but that does not mean the accusations should be left unchallenged. A permanent restraining order, if based on lies or exaggerations, can continue to cause long-term damage to both your personal and professional life.
Issuance of a restraining order does not mean it will remain in place forever. In California, a restraining order may be modified or terminated prior to the expiration date, but this is not automatic. The process is difficult, and the court does not make it easy to change the terms of a restraining order. A legal basis for the change, strong evidence, and a compelling argument are all required. A few reasons that a restraining order may be modified include:
To make a modification or termination, you will need to file a formal motion with the court and request a hearing. Engaging a qualified attorney becomes essential at this stage of your legal process. The judge will not vacate the order based only on the passage of time. They’ll want evidence that the order is no longer needed to protect the other party.
The protected individual may agree to terminate the order, yet the judge maintains ultimate authority. If they feel there is still a potential for risk or harm, they can decide to keep the order in place.
At RP Defense Law APC, restraining order cases require a high level of seriousness, and you must approach them with the same gravity. Even if the accusations are entirely false, exaggerated, or misrepresented, our lawyers craft streamlined, hard-hitting defenses that aim to take apart the allegations against you. In our approach, we rely on facts, legal strategy, and an insider’s perspective on how these cases play out in California courts.
The first thing we do is read your petition and declarations supporting it. Lots of petitions are full of vague and unsupported allegations. We identify inconsistencies, weak evidence, and unsupported, emotionally charged language. We start developing a defense for your narrative, which the judge hasn’t been presented with yet. Some steps we take include:
We understand the significance of what is at stake. A restraining order could result in loss of your home and your children, as well as your firearms and your job.
Defense Attorney Ruzanna Poghosyan is the owner of RP Defense Law APC. She is used to fighting cases in court where it all comes down to the wire. She comes to court prepared and focused, ready to make strategic moves and never backs down from a fight. Her clients appreciate her because she protects them from false allegations while delivering results because she cares.
If you’re facing a restraining order or need help modifying an existing one, you don’t have to face the legal system alone. Contact RP Defense Law APC today at (818) 646-3443 for a confidential consultation and get the serious defense your future deserves.
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