Mission Viejo Restraining Order Attorney
If you need a restraining order, or you’re seeking an attorney to defend a restraining order unfairly served on you, then contact the Law Offices of John D. Rogers today. Attorney John D. Rogers is an experienced Mission Viejo restraining order attorney that can assist in navigating you through this unfamiliar situation. Give us a call today – our consultations are free and confidential.
What is a Restraining Order?
A California restraining order, also known as a protective order, is a court order issued to protect a person from unwanted contact or harassment from another individual. This can include physical abuse, threats, stalking, and other forms of harassment. A restraining order can prohibit the restrained person from coming within a certain distance of the protected person and their residence, place of work, and/or children’s schools, among other restrictions. The restrained person may also be ordered to turn over any firearms they possess and can be arrested if they violate the terms of the restraining order.
What is the Process of Obtaining a Restraining Order?
The process for obtaining a California restraining order varies depending on the type of restraining order being sought, but generally involves the following steps:
- Filing a request: The person seeking protection, known as the petitioner, must file a request for a restraining order with the court. This request, known as a petition, should include detailed information about the abuse, harassment, or stalking that the petitioner has experienced.
- Temporary restraining order: A judge may issue a temporary restraining order (TRO) without the respondent being present. The TRO typically lasts for up to 21 days and is intended to provide immediate protection while a hearing for a permanent restraining order is scheduled.
- Service of process: The respondent, the person against whom the restraining order is sought, must be formally notified of the restraining order and the hearing.
- Restraining order hearing: A hearing will be held where both the petitioner and the respondent can present evidence and testimony. The judge will then decide whether to issue a permanent restraining order, which can last up to five years.
- Enforcement: Once the restraining order is issued, the respondent must comply with its terms, otherwise, they may be subject to arrest. The petitioner should keep a copy of the restraining order with them at all times and provide a copy to any relevant parties, such as their employer or local law enforcement.
It is important to note that the restraining order process can be complex and it is recommended to consult with a Mission Viejo restraining order attorney.
What are the Types of Restraining Orders?
Domestic Violence Restraining Order
This type of restraining order is issued to protect individuals from domestic violence, which includes physical abuse, threats, and harassment by a current or former intimate partner.
Civil Harassment Restraining Order
A Civil Harassment Restraining Order is issued to protect individuals from harassment, stalking, or threats by someone who is not a close family member or intimate partner.
Gun Violence Restraining Order
This type of restraining order is issued to prohibit a person from owning or possessing firearms if they pose a significant danger to themselves or others.
Elder Abuse Restraining Order
This type of restraining order is issued to protect elderly or dependent adults from physical abuse, neglect, or financial exploitation by a caretaker or family member.
Workplace Restraining Order
A Workplace Violence Restraining Order is issued to protect employees from violence, threats, or harassment by a co-worker, supervisor, or another individual in the workplace.
Contact an Experienced Mission Viejo Restraining Order Attorney
If you are seeking a restraining order or you believe a restraining order was unfairly served on you, then contact us today. Call us to schedule a free confidential consultation with an experienced Mission Viejo restraining order attorney.