Garden Grove Restraining Order Attorney
If you require a restraining order or you believe a restraining order was unfairly served against you, contacting an experienced Garden Grove restraining order attorney can significantly influence the final outcome of your case. Call the Law Offices of John D. Rogers to schedule a free consultation to discuss your rights. Our experienced lawyers will carefully evaluate the facts and determine the appropriate measures to protect your rights.
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What is a Restraining Order?
In California, a restraining order (also known as a protective order) is a court order that restricts the behavior of an individual who has threatened, harassed, or abused another person. The purpose of a restraining order is to prevent further harm or harassment.
There are several types of restraining orders in California, including:
- Emergency Protective Order
- Domestic Violence Restraining Order
- Civil Harassment Restraining Order
- Elder Abuse Restraining Order
- Gun Violence Restraining Order
Types of California Restraining Orders
Emergency Protective Order
An Emergency Protective Order (EPO) in California is a court order that provides immediate protection from domestic violence, sexual assault, or stalking. The purpose of an EPO is to provide emergency relief to the victim and to prevent further harm or abuse.
An EPO can be issued by a law enforcement officer, such as a police officer or sheriff’s deputy without the need for a court hearing. When a victim reports an incident of domestic violence or sexual assault to the police, the officer may request an EPO from a judge or commissioner. The judge or commissioner can issue an EPO based on the police officer’s statement and the victim’s testimony, without the alleged abuser being present.
An EPO is a temporary order that typically lasts for up to seven days. During this time, the alleged abuser is prohibited from contacting or coming within a certain distance of the victim and may be required to move out of the victim’s home. The EPO may also provide other forms of protection, such as child custody and support orders or orders prohibiting the abuser from possessing firearms.
Domestic Violence Restraining Order
A Domestic Violence Restraining Order (DVRO) in California is a court order that provides protection to individuals who have been victims of domestic violence. The purpose of a DVRO is to prevent further harm or abuse by restricting the behavior of the abuser.
To obtain a DVRO in California, the victim must file a petition with the court. The petition must describe the abuse or threat of abuse that the victim has experienced, and must demonstrate that the victim has a reasonable fear for their safety or the safety of their children. The court will hold a hearing to determine if a DVRO is necessary.
If a DVRO is granted, the abuser is prohibited from contacting or coming within a certain distance of the victim and may be required to move out of the victim’s home. The DVRO may also provide other forms of protection, such as child custody and support orders or orders prohibiting the abuser from possessing firearms.
A DVRO can last up to five years and can be extended if necessary. The abuser can be arrested and face criminal charges if they violate the DVRO.
Civil Harassment Restraining Order
A Civil Harassment Restraining Order (CHRO) in California is a court order that provides protection to individuals who have been victims of harassment or stalking by someone who is not a family member or intimate partner. The purpose of a CHRO is to prevent further harm or harassment by restricting the behavior of the harasser.
To obtain a CHRO in California, the victim must file a petition with the court. The petition must describe the harassment or stalking that the victim has experienced, and must demonstrate that the victim has a reasonable fear for their safety. The court will hold a hearing to determine if a CHRO is necessary.
If a CHRO is granted, the harasser is prohibited from contacting or coming within a certain distance of the victim and may be required to move out of the victim’s home or workplace. The CHRO may also provide other forms of protection, such as orders prohibiting the harasser from possessing firearms or making false statements about the victim.
A CHRO can last up to three years and can be extended if necessary. The harasser can be arrested and face criminal charges if they violate the CHRO.
Elder Abuse Restraining Order
In California, an Elder Abuse Restraining Order (EARO) is a court order that provides protection to elderly individuals who have been victims of abuse or neglect. The purpose of an EARO is to prevent further harm or abuse by restricting the behavior of the abuser.
To obtain an EARO in California, the victim or someone acting on the victim’s behalf must file a petition with the court. The petition must describe the abuse or neglect that the elderly individual has experienced, and must demonstrate that the victim has a reasonable fear for their safety or well-being. The court will hold a hearing to determine if an EARO is necessary.
If an EARO is granted, the abuser is prohibited from contacting or coming within a certain distance of the victim and may be required to move out of the victim’s home or nursing facility. The EARO may also provide other forms of protection, such as orders prohibiting the abuser from taking control of the victim’s property or finances.
An EARO can last up to three years and can be extended if necessary. The abuser can be arrested and face criminal charges if they violate the EARO.
Contact an Experienced Garden Grove Restraining Order Attorney
Whether you need to file a restraining order or protection against a falsified petition, call us today to speak with a Garden Grove restraining order attorney. We are dedicated to aggressively fighting for your rights. Contact us today to schedule a free confidential consultation with a lawyer.