Huntington Beach Restraining Order Attorney

January 9, 2023

Whether you require a restraining order or you think a restraining order was unfairly served against you, contacting a skilled Huntington Beach restraining order attorney can greatly influence the final outcome. Contact the Law Offices of John D. Rogers today to schedule a free case evaluation. Our premier office will carefully review your case and determine the appropriate measures to protect your rights.

What is a Restraining Order?

A civil restraining order is an order protecting the party from communication, harassment, or prohibit from being within a certain distance from another. It’s an order signed by the judge after either an evidentiary hearing or by default judgment. Violating a restraining order can be charged criminally by the local prosecutor’s office as either a violation of Penal Code 273.6 or Penal Code 166(a).

Types of Restraining Orders

  • Emergency Protective Order
  • Temporary Restraining Order
  • Permanent Restraining Order

These types of restraining orders fall within the following two categories:

  • Civil Harassment Restraining Order
  • Domestic Violence Restraining Order
  • Criminal Protective Order
  • Emergency Protective Order

What is the Difference Between a CHRO and DVRO?

A domestic violence restraining order is issued by the court for victims of domestic violence. There must be an intimate or familial relationship between the petitioner and the respondent. A civil harassment restraining order is often obtained by individuals who do not qualify for a domestic violence order. It can be obtained after suffering conduct like stalking, harassment, or violence.

What is the Procedure to Obtain a Restraining Order?

The petitioner files a petition for a restraining order – either a DVRO or CHRO. The petitioner must provide sufficient evidence demonstrating harassment or violence by the respondent. If the petitioner makes a sufficient showing, the judge will issue a temporary restraining order until there is a hearing on the merits of the petition. The judge will order a restraining order hearing for both parties to argue their respective sides. If the petition is granted, then the respondent will be served with a permanent restraining order.

Contact an Experienced Huntington Beach Restraining Order Attorney

Get the Legal Protection You Need. Contact us today to schedule a FREE consultation with an experienced Huntington Beach restraining order attorney. We handle restraining orders all throughout Southern California including Orange County. Give us a call to see how we can help you file a restraining order, or mount your defense against the petitioner.

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