Laguna 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 Laguna Beach restraining order attorney can greatly influence the final outcome. Contact the Law Offices of John D. Rogers today to schedule a free consultation. 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 or harassment 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.

Consequences of a Restraining Order

  • Prohibits all contact with the protected person.
  • It will be revealed in most background checks.
  • Prohibit the respondent from owning or possessing a firearm.
  • A violation can result in criminal charges.

Get Help From a Laguna Beach Restraining Order Attorney

Get the Legal Protection You Need. Contact us today to schedule a FREE consultation with an experienced Laguna 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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