Lake Forest Restraining Order Attorney
If you’re seeking to file a restraining order or you believe a restraining order was unfairly served against you, then retaining an experienced Lake Forest restraining order attorney can significantly influence the outcome of your case. Contact the Law Offices of John D. Rogers today to schedule a free confidential consultation to discuss your case and options. Our skilled attorneys will carefully evaluate your case and determine the appropriate measures to protect your rights.
What is a restraining order?
A California restraining order, also known as a protective order, is a court-issued order that prohibits one person (the restrained person) from having contact with another person (the protected person). The purpose of a restraining order is to protect the safety and well-being of the protected person by preventing further acts of violence, threats, harassment, or stalking.
What are the different levels of a restraining order?
In California, there are three levels of restraining orders: emergency protective orders, temporary restraining orders, and permanent restraining orders.
Emergency Protective Orders (EPO)
EPOs are issued by law enforcement officers and are the quickest and most immediate form of protection available. EPOs can be issued without prior notice to the restrained person and are effective for a maximum of seven days.
Temporary Restraining Orders (TRO)
TROs are issued by a judge and are designed to provide temporary protection while the court considers the evidence and determines whether a permanent restraining order is necessary. TROs are requested conjointly when the petitioner files for a restraining order. TROs are effective for a maximum of 20 to 25 days. However, TROs generally last until the judge makes a ruling after a formal restraining order hearing.
Permanent Restraining Orders
Permanent restraining orders, also known as permanent injunctions, are issued after a full hearing in which both the petitioner and the restrained person have had an opportunity to present evidence and testimony. Permanent restraining orders can be issued for up to five years and can be renewed if necessary.
What are the types of restraining orders?
The eligibility requirements, procedures, and remedies for each type of restraining order can vary. However, California recognizes five types of restraining orders.
Domestic Violence Restraining Orders
These restraining orders are intended to protect individuals who have been subjected to abuse, harassment, or threats of violence by a current or former intimate partner, such as a spouse, cohabitant, dating partner, or parent of a child.
Civil Harassment Restraining Orders
These restraining orders are intended to protect individuals who have been subjected to harassment, threats, or violence by someone who is not a close family member or intimate partner, such as a neighbor, acquaintance, or co-worker.
Elder or Dependent Adult Abuse Restraining Orders
These restraining orders are intended to protect elderly or dependent adults who have been subjected to abuse, neglect, or financial exploitation by a caregiver, family member, or another individual.
Workplace Violence Restraining Orders
These restraining orders are intended to protect employees who have been subjected to violence, harassment, or threats of violence in the workplace.
Gun Violence Restraining Orders
These restraining orders are intended to temporarily remove firearms from individuals who pose a significant risk of harm to themselves or others.
Consequences of Violating a Restraining Order
Violating a restraining order may result in criminal charges under penal code 273.6 or penal code 166(a). Consequently, an individual could face:
- 6 months to 1 year in jail
- Domestic Violence Counseling
- A period of probation
- Fines and restitution
- Stay away order
Contact an Experienced Lake Forest Restraining Order Attorney
If you need to file a restraining order or you need protection from a falsely issued restraining order, then call us today to speak with an experienced Lake Forest restraining order attorney. We are dedicated to aggressively fighting for your rights. Contact the Law Offices of John D. Rogers today for a free consultation.