Laguna Niguel Restraining Order Attorney
Were you served with a restraining order in Newport Beach? Contact the Law Offices of John D. Rogers today to speak with an experienced Laguna Niguel restraining order attorney. Retaining an experienced lawyer can significantly influence the outcome of your case and increase your chances of prevailing. Restraining orders can be complex with legal issues that most people don’t understand. Give us a call today for a free confidential consultation to discuss your rights and options.
Process of Obtaining a Restraining Order
The process to obtain a restraining order in California involves several steps, including filing a petition, obtaining a temporary restraining order, and attending a hearing.
Step 1: File a Petition
The first step in obtaining a restraining order in California is to file a petition with the court. The petition must include information about the abuse or harassment that the person seeking protection has experienced, as well as any other relevant details such as the relationship between the parties involved.
Step 2: Temporary Restraining Order
If the court determines that there is a risk of further abuse or harassment, it may issue a temporary restraining order (TRO). A TRO is a temporary order that is meant to provide immediate protection to the person seeking protection. A TRO may be issued without a hearing and without the presence of the other party.
Step 3: Hearing
After a TRO has been issued, a hearing will be scheduled to determine whether a permanent restraining order is necessary. The hearing must be held within 21 days of the issuance of the TRO. Both parties must attend the hearing, and the person seeking protection will have the opportunity to present evidence and testimony to support their case.
Step 4: Permanent Restraining Order
If the court determines that a permanent restraining order is necessary, it will be issued. A permanent restraining order can last for up to five years, and it will specify the terms and conditions that the person who is being restrained must abide by.
It is important to note that a restraining order can only be obtained through the court, and it is not a guarantee of protection. If you are in immediate danger, you should call 911 or seek assistance from a local law enforcement agency.
Types of California Restraining Orders
Domestic Violence Restraining Order
A Domestic Violence Restraining Order (DVRO) is a type of restraining order that is used to protect individuals who are victims of domestic violence. Domestic violence refers to abuse or threatened abuse between intimate partners, such as spouses, partners, or former partners. A DVRO can also be used to protect children and other family members who are at risk of being subjected to domestic violence.
Civil Harassment Restraining Order
A Civil Harassment Restraining Order (CHR) is a type of restraining order that is used to protect individuals from harassment. Harassment refers to behavior that is intended to disturb, intimidate, or threaten someone. This type of restraining order can be used in cases where the person who is seeking protection is not in a domestic relationship with the person who is committing the harassment.
Elder or Dependent Adult Abuse Restraining Order
An Elder or Dependent Adult Abuse Restraining Order (EDA) is a type of restraining order that is used to protect elders (individuals who are 65 years or older) and dependent adults (individuals who have certain mental or physical disabilities) from abuse. Abuse refers to physical, financial, or emotional abuse, or neglect.
What to do If You Are Served with a Restraining Order in Laguna Niguel
Read the Restraining Order Carefully
The first step when you are served with a restraining order is to read it carefully. You should pay close attention to the terms of the order, including the date it was issued, the date it expires, and the specific actions that are prohibited. The order may prohibit you from having any contact with the person who obtained the order, including in-person contact, phone calls, text messages, and emails.
Hire an Attorney
The next step is to hire a Laguna Niguel restraining order attorney. An attorney can help you understand the restraining order and the legal process. They can also help you navigate the court system and represent you in court. In some cases, you may be able to have the restraining order modified or lifted if you can show that it is not necessary for the safety of the person who obtained the order.
Follow the Terms of the Restraining Order
It is important to follow the terms of the restraining order. If you violate the order, you may face criminal charges and serious consequences. You should also be aware that violating a restraining order can have a negative impact on your reputation and may make it more difficult for you to resolve the situation.
Know Your Rights
You have the right to be informed of the allegations against you, to present evidence in your defense, and to cross-examine witnesses. You also have the right to an attorney and to a fair trial. If you are found to have violated the restraining order, you may face criminal charges, including imprisonment and fines.
Get Professional Help from a Laguna Niguel Restraining Order Attorney
If you need to obtain a restraining order or you believed you were unfairly served with a restraining order, then it’s important that you contact an experienced Laguna Niguel restraining order attorney. We can help you understand the legal process, guide you through the steps to obtain a restraining order or defend you against one, and represent your interest in court. Call the Law Offices of John D. Rogers today.