Dana Point Restraining Order Attorney

February 1, 2023

Are you seeking a restraining order, or do you believe that a restraining order was unfairly served on you? Contact the Law Offices of John D. Rogers today to speak with an experienced Dana Point restraining order attorney. Having an experienced lawyer can significantly influence the outcome in your favor. Restraining orders can be complex with legal issues that people don’t understand. Give us a call today for a free legal consultation about your rights and options.

A Dana Point restraining order attorney can help file a restraining order or defend you.

What is a Restraining Order?


In California, a restraining order is a legal order issued by a court to protect someone from harassment, abuse, or violence from another person. The person who is restrained by the order is usually referred to as the “respondent” and the person who is seeking protection is known as the “protected person.” The restraining order can include various restrictions on the respondent’s behavior, such as limiting their ability to contact the protected person, go near their home or workplace, or own firearms. The purpose of the restraining order is to prevent further harm to the protected person and ensure their safety.

What are the Different Restraining Order Levels?


Emergency Protective Order

An emergency protective order (EPO) is issued by a law enforcement officer in situations where there is an immediate danger of domestic violence, child abuse, or elder abuse. This order can be issued without the abuser having to appear in court and is designed to provide immediate protection in situations where time is of the essence. An EPO can last for up to seven days and during this time, the restrained person must stay away from the protected individual, their home, work, or other designated locations.

Temporary Restraining Order

A temporary restraining order is issued by a judge after a request has been made in court by the person seeking protection. The judge will hear from both the person seeking protection and the restrained person before deciding whether or not to issue the TRO. Unlike an EPO, a TRO requires a court hearing and provides a more comprehensive level of protection. The TRO can last up to twenty-five days, during which time the restrained person must stay away from the protected individual, their home, work, or other designated locations. The TRO also prohibits the restrained person from contacting, harassing, or threatening the protected individual.

Permanent Restraining Order

A permanent restraining order is issued after a full court hearing, during which both the person seeking protection and the restrained person has the opportunity to present their cases to the judge. The judge will then decide whether or not to issue the PRO, which can last up to five years. A PRO provides the highest level of protection available under the law and is intended for individuals who are at a high risk of harm or abuse. The PRO prohibits the restrained person from having any contact with the protected individual, including but not limited to, phone calls, emails, or in-person visits. The restrained person must also stay away from the protected individual’s home, work, or other designated locations.

What are the Types of Restraining Orders?


Civil Harassment Restraining Order

A civil harassment restraining order is issued to protect individuals from harassment, stalking, or threats that are not related to domestic violence. This type of restraining order can be issued against a neighbor, co-worker, or someone with whom the protected individual does not have a close relationship. The CHRO can be issued after a full court hearing and can last up to five years. During this time, the restrained person must stay away from the protected individual, their home, work, or other designated locations and must also refrain from contacting, harassing, or threatening the protected individual.

Domestic Violence Restraining Order

A domestic violence restraining order is issued to protect individuals who have been victims of domestic violence. Domestic violence is defined as abuse committed against someone with whom the defendant has had an intimate relationship, such as a spouse, cohabitant, or former cohabitant. The DVRO can be issued after a full court hearing and can last up to five years. During this time, the restrained person must stay away from the protected individual, their home, work, or other designated locations and must also refrain from contacting, harassing, or threatening the protected individual.

Workplace Violence Restraining Order

A workplace violence restraining order is issued to protect employees from violence, harassment, or threats that occur in the workplace. This type of restraining order can be requested by an employer on behalf of an employee or by the employee themselves. The WVRO can be issued after a full court hearing and can last up to three years.

What if a Restraining Order is Violated?


If someone violates a restraining, they can face criminal charges under penal code 273.6. Generally, it is a misdemeanor and the penalty can include up to one year in county jail and a fine of up to $1,000.

Get Professional Help from a Dana Point Restraining Order Attorney


If you’re seeking a restraining order or you’re looking for a defense lawyer, then contact us today. Give us a call to schedule a free consultation with an experienced Dana Point restraining order attorney.

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