Obtain justice from a temporary restraining order in California
When it comes to relationships, everyone goes above and beyond their limit. However, there are certain instances wherein going above and beyond the limit has resulted in inappropriate and downright disturbing, destructive behavior. This is the reason for the implementation of a protective order. Even with its existence, some do not let orders get in their way. If you are facing a protective order case, consult a protective order attorney in Laguna Hills, CA.
To succinctly put it, a protective order or a restraining order is issued by the court to protect individuals in danger of being harmed by another individual, be it a relative, a spouse, or a significant other. Being served temporary restraining orders should not be taken lightly and should also not be dealt with by yourself. If you have been served these, contact a protective order attorney today!
Best Protective Order Attorney in Laguna Hills, CA
Most court-ordered restraining orders or protective orders are issued to protect the victim from domestic violence or sexual assault, a violation of which can carry criminal consequences. If this sounds a lot like your case, it is best to employ the legal counsel of a protective order attorney from Laguna Hills, CA, law office Trevino Law. A domestic violence attorney can guide you on how to fight and defend a restraining order.
Do not wait too long to fix your case. Call a domestic violence lawyer from Trevino Law to help you with protective orders. A protective order attorney will employ every strategy in the box to ensure you come out with the best outcome possible. From providing legal counsel to representing you in a trial, a lawyer from Trevino Law can do it all. Schedule an appointment right now.
Why Do I Need a California Protective Order Attorney?
Being served temporary restraining orders can be equally frustrating and damaging, especially since violations can spell substantial criminal charges. Of course, when served up a protective order, know that it is in your best interest not to go through the process unsupervised and enlist the help of a competent California restraining order attorney from Trevino Law.
The law firm’s attorney, Denise Trevino, has quite the experience under her belt and provides the following services:
- No Fee Guarantee-The law office’s attorney guarantees that there won’t be any hidden fees or tweaking of prices. Fees are collected upon settlement following the contracts.
- Negotiation When Needed – The attorney understands it is not always about fighting. As a skilled negotiator, the attorney can get both parties to agree.
- Ethical and Expeditious – The firm’s attorney understands the importance of ethics and strives to represent and understand the client’s situation.
Do not attempt to navigate criminal law on your own. You could end up confused. It is better to enlist the help of a Laguna Hills protective order attorney from Trevino Law. The firm also assists Orange County residents in family law, child custody, and divorce concerns. Schedule an appointment right now.
What is a Protective Order?
A court order, known as a temporary restraining order (TRO), is meant to prevent someone from doing something, but only for a certain amount of time. The majority of people link TROs to domestic violence or domestic abuse. However, dangerous situations outside of your family, such as stalking or sexual violence, may also be addressed by these temporary orders. Additionally, some TROs, like those designed to maintain the status quo in a couple’s finances while a divorce case is ongoing, do not involve violence or threats.
Temporary restraining orders come with particular responsibilities if you have been served with them. Failure to comply with the end of the restrained person can result in serious legal consequences, but an attorney understands that the law is more nuanced than that. Get help from a Laguna Hills protective order lawyer to help with your case. The attorneys in Trevino Law offer a free consultation to help get your case started.
Who Gets Protective Orders or TROs?
Petitioners at risk of abuse by close relatives and spouses were eligible for TROs for a domestic violence case. The law can vary depending on the state you are in. Recently, the scope of domestic violence has broadened to include abuse between people in relationships apart from family members. This includes the following criteria:
- People who live in the same house but are not married or related to one another;
- Parents of unmarried children, couples who live together or have lived together; or
- People who are or were recently in serious relationships.
You may still be eligible for a TRO under other state laws if you are threatened or intimidated by someone who does not meet your state’s definition of domestic or family abuse. Since state laws define TRO eligibility, the California Family Code states that abuse includes phone calls, pretending to be the victim, and disrupting the victim’s mental health and emotional peace.
If you have just been served a TRO for whatever reason, be it stalking or harassment, it is best to contact a Laguna Hills criminal defense attorney who can help you. Do not just reach out to your loved ones by yourself, as breaching this Orange County restraining order can result in grave consequences.
How are Restraining Orders Issued?
When a person alleges that they are in danger of immediate harm, the court has the authority to issue restraining orders, also known as protection orders or no-contact orders. The order can tell a party to stop hurtful behavior, like abusing someone, and not talk to the alleged victim or protected person again.
Most restraining orders are issued in response to domestic violence or family conflicts, such as sexual assault, physical abuse, threats, and civil harassment. For instance, workplace violence restraining orders may also be issued if you are at odds with your employer. A violation can result in criminal charges.
Although protective orders can be considered a criminal case, the petitioner most likely filed a petition for the order in civil court if you were served. The petitioner is often referred to as the ‘petitioner’ and the restrained individual as the ‘respondent’ or defendant in court documents. Each state has its own set of procedures for obtaining a restraining order.
Ex Parte or Temporary Restraining Order
The court will usually issue a temporary or ex-parte restraining order first for a few days. This temporary order is issued solely on the petitioner’s allegations without holding a hearing. The respondent must be informed and given the chance to be heard to oppose the allegations before the judge can issue a more permanent order, which typically lasts for at least a year.
If you are the respondent, you may only have a week to decide and prepare for these hearings because they happen so quickly. It is just as dangerous to break a temporary order as it is to break a permanent one.
How Do You Fight Restraining Order Cases?
Here are some tips to fight restraining order cases:
- Read the Restraining Order – If you have been served with a protective order or temporary restraining order, read it in its entirety to understand and avoid violating it. Challenging the order is more difficult if there are infractions.
- Get Legal Help from a Protective Order Attorney – While hiring a lawyer is said to be unnecessary, it still is the best practice to talk to one. Lawyers specializing in divorce or family law can help you with this case. Your case will be tried in a civil court, not a criminal court.
- Gather Documentation – Compile documents or evidence with the help of a protective order attorney.
- Participate in the Hearing – You are not obligated to attend the court hearing. However, the court can likely issue a protective order if you fail to appear. A permanent order frequently contains specific conditions that are greater than those in a temporary order.
Even if it is encouraged to skip hiring a lawyer, understand that family law can be complicated. Enlist the help of a California protective order lawyer who can help you with this case.
What are the Do’s and Don’ts When Getting an Order?
Avoiding specific actions under restraining orders will be crucial to defending against a permanent order and avoiding criminal charges.
Do not throw away evidence that you think could hurt you because doing so could make the court look suspicious of you and result in criminal charges.
- Do not attempt to communicate with the petitioner/protected person or any witnesses you anticipate will testify on behalf of the petitioner in the case, nor should you correspond with them via text or email.
- A temporary restraining order should never be disregarded in any way.
- Do not attempt to circumvent a clause in the order.
Regarding the final one, it is not a good strategy to claim ignorance regarding the meaning of ‘no contact.’ There will be no contact. Do not ask a third party to send the petitioner your message. Additionally, you cannot accept the petitioner’s invitation to a meeting to discuss the matter without breaking the order. The petitioner’s invitation does not invalidate the order. This may even be stated in bold on order.
Do not attempt to do anything by yourself when you get served a protective order. No matter how much you wish to communicate or see your loved ones, breaking, the order’s rules can have heavy consequences on you. Talk to a California protective order lawyer from a reputable law firm immediately!
Call our California Protective Order Attorney Now!
Protective orders or temporary restraining orders aim to protect individuals from close relatives or spouses that seek to harm them. Specific allegations can damage your record, and any attempt to break these can also result in penalties. Do not attempt to defend yourself or go through the process alone.
Contact Trevino Law, whose attorney can walk you through the process from gathering documents to defending you in civil court. Schedule an appointment right now!