Costa Mesa Restraining Order Attorney
The Law Offices of John D. Rogers specializes in helping individuals obtain restraining orders throughout Southern California. We can assist with the filing of petitions, representation in court, and enforcement of restraining orders. Contact us today for a free consultation with an experienced Costa Mesa restraining order attorney. We help you navigate the legal process, understand the requirements and the evidence that needs to be presented and make sure that your rights are protected.
It’s important to note that hiring Attorney John D. Rogers may come at a cost, but it is a good investment as he can help to ensure that your rights are protected and that the process is handled correctly. He is a California board-certified criminal law specialist who has experience in dealing with restraining orders and who is familiar with the local court system. We provide representation to either a petitioner or respondent.
Process of Obtaining a Restraining Order
The process to obtain a restraining order in California can vary depending on the type of restraining order and the specific circumstances of the case. However, generally, the process involves the following steps:
- Filing a petition: The person seeking the restraining order (the petitioner) must file a petition with the court that contains specific information about the abuse or harassment they have experienced, and a request for specific relief such as an order for the abuser to stay away or not contact them.
- Temporary Restraining Order (TRO) hearing: After the petition has been filed, the court will schedule a hearing for a TRO. The TRO hearing is typically held within a few days of the petition being filed and is done without the respondent present. If the court finds that the petitioner has shown a reasonable fear of future harm, the court will issue a TRO.
- Service of the TRO: The TRO will be served on the respondent by a law enforcement officer. The respondent will be given notice of the TRO and the date of the hearing for a permanent restraining order.
- Permanent Restraining Order (PRO) hearing: After the TRO has been issued, the court will schedule a hearing for a PRO. The PRO hearing is typically held within 20 days of the TRO being issued. Both the petitioner and the respondent have the right to present evidence and call witnesses at this hearing. If the court finds that the petitioner has shown a continuing need for protection, the court will issue a PRO.
- Enforcement of the Restraining Order: Restraining orders are enforceable by law enforcement agencies and violations of restraining orders can result in criminal charges. The protected person should carry a copy of the order at all times and report any violation to the police immediately.
It’s important to note that the process and the specific requirements may vary depending on the type of restraining order. Legal representation is always recommended as the court process can be complicated and the stakes are high.
Types of Restraining Orders
Emergency Protective Order
This type of restraining order can be issued by a law enforcement officer in cases of domestic violence, elder abuse, or child abuse. It is temporary and can be issued without the alleged abuser being present.
Temporary Restraining Order
A TRO is a legal order issued by a judge that prohibits a person from certain actions or activities, typically in emergency situations. The person seeking the restraining order is known as the “petitioner” and the person the order is against is known as the “respondent.”
A TRO can be issued to protect a person from domestic violence, stalking, harassment, or other forms of abuse. The petitioner must demonstrate to the court that they have been the victim of abuse or that they have a reasonable fear of future harm.
A TRO is typically issued quickly, and without notice to the respondent, in order to provide immediate protection for the petitioner. It is a temporary measure and is typically in effect for a short period of time, usually no longer than 20 days. Moreover, a TRO will last until the time of the formal restraining order hearing. After the TRO has been issued, the respondent will be notified and will have an opportunity to appear in court to challenge the order.
A TRO can include provisions such as ordering the respondent to stay away from the petitioner’s home, work, and school, and to have no contact with the petitioner. It can also order the respondent to move out of a shared residence, stay away from the petitioner’s children, and relinquish any firearms.
It’s important to note that a TRO is not the final resolution of a case, and it will be followed by a hearing, during which both parties can present evidence and witness, and the court will decide whether to issue a more long-term restraining order, known as a Permanent Restraining Order (PRO).
Domestic Violence Restraining Order
A California domestic violence restraining order, also known as a Domestic Violence Restraining Order (DVRO), is a legal order issued by a judge to protect a person from domestic violence by a current or former intimate partner. The person seeking the restraining order is known as the “protected person” and the person the order is against is known as the “restrained person.”
To obtain a DVRO, the protected person must demonstrate to the court that they have been the victim of domestic violence. Domestic violence is defined as abuse committed against a person with whom the abuser has, or has had, an intimate relationship. This includes but is not limited to, physical, sexual, emotional, psychological, or financial abuse.
A DVRO can include provisions as discussed under TRO. DVROs are valid for up to five years, but a protected person can also ask for a renewal of the order if needed. It is important to note that violation of DVRO is a criminal offense and is punishable by law – usually under penal code 273.6.
Civil Harassment Restraining Order
A California Civil Harassment Restraining Order (CHRO) is a legal order issued by a court to protect a person from harassment, stalking, or threats by another person.
To obtain a CHRO, the petitioner must demonstrate to the court that they have been harassed, stalked, or threatened by the respondent and that they have a reasonable fear of future harm. Harassment is defined as unwanted conduct that is severe or pervasive enough to cause substantial emotional distress or disrupt the petitioner’s daily activities. Stalking is defined as a pattern of conduct that would cause a reasonable person to fear for their safety or the safety of their family.
A CHRO can include provisions such as those discussed under TRO. It’s important to note that a CHRO is not limited to domestic relationships and can be issued against anyone who is not an intimate partner, like a co-worker, neighbor, or acquaintance. Also, a violation of a CHRO is a criminal offense and is punishable by law.
Elder or Dependent Adult Abuse Restraining Order
This type of restraining order can be issued by a judge in cases of abuse of an elder or dependent adult. It can include provisions such as ordering the abuser to stay away from the victim and to have no contact with the victim.
Hire an Experienced Costa Mesa Restraining Order Attorney
If you need to obtain a restraining order or if you are facing a restraining order in the city of Costa Mesa, California, it is important to contact an experienced Costa mesa restraining order attorney. We can help you understand the legal process, guide you through the steps to obtain a restraining order or defend yourself against one, and represent you in court.