Newport Beach Restraining Order Attorney

January 1, 2022

Do you need a restraining order or defend against one? Contact the Law Offices of John D. Rogers today to schedule a free consultation with a Newport Beach restraining order attorney. Our office provides legal representation for restraining orders for domestic violence, elder abuse, stalking, or harassment. Our office can assist you with all of the following types of protective orders:

  • Domestic Violence Protective Order
  • Civil Harassment Protective Order
  • Elder Abuse Protective Order
  • Workplace Restraining Order

Why Hire a Newport Beach Lawyer for a Restraining Order?

The consequences of a restraining order can be significant. This is what makes our office a valuable resource. We know how to advocate for your rights and obtain your desired result. Whether you are defending against a restraining order, or you need a restraining order issued, our office can help. Our experience, skills, and results make our restraining order lawyers a winning combination.

The timeline within which you file your restraining order petition is critical to your success at the hearing. Filing a petition includes confusing and lengthy paperwork. An experienced lawyer can assist in preparing your petition, in addition to all the evidence you have gathered to support your petition.

Types of a Restraining Order

Domestic Violence Restraining Order

Restraining orders in domestic violence cases are usually used when petitioning against a range of family members, such as:

  • Domestic partners
  • Romantic partners
  • Spouses
  • Children
  • Step-children
  • Parents

The petitioner must show some form of abuse, such as physical injury or attempted injury, sexual assault, stalking, harassing, disturbing the peace, property damage, or abuse against a pet. The standard of proof is the preponderance of the evidence. Moreover, the petitioning party must convince the court that there is a greater than 50% chance the claim is true.

Civil Harassment Restraining Orders

A civil harassment restraining order (CHRO) is commonly filed against a neighbor, co-worker, friend, associate, or non-romantic partner. A CHRO is likely the solution against someone who continuously annoys, stalks, or harasses you. Unlike a DVRO, the standard of proof for a CHRO is “clear and convincing evidence.”

Elder Abuse Restraining Order

You may petition for an elder abuse restraining order if you or someone you know, who is elderly or a dependent person, suffers from physical, emotional, or financial abuse or neglect. The standard of proof for an elder abuse restraining order.

Workplace Restraining Order

A workplace restraining order may be necessary to ensure a safe environment for your employees. If an employee provides reasonable evidence that an employee has suffered violence or there is a credible threat of harm, a workplace restraining order is necessary to ensure their protection. Violence could be assault, battery, stalking, or a variety of harassing actions. This may include harassing e-mails, phone calls, or text messages.

Conversely, if you believe your employer is unfairly targeting you, then you need skilled counsel to protect your rights.

Three Levels of a Restraining Order

Emergency Protective Order

An emergency protective order (EPO) is generally requested by law enforcement on behalf of a victim of a crime. Ordinarily, the crime involves domestic violence. The police may seek this order even if the victim is not desirous of prosecution. Law enforcement petition for this order to de-escalate a situation and mandate a cool-off period. An EPO requires probable cause that the victim is in imminent danger of violence, abuse, or retaliation for contacting law enforcement. The recipient of an EPO cannot have contact with the protected person for 7 calendar days (5 business days).

Temporary Restraining Order

A temporary restraining order (TRO) is granted after a petitioner files for a restraining order. If the judge grants the TRO, the order will remain in place until the formal restraining order hearing. The burden of proof of relatively low where the petitioner must prove a pattern of violence and that they’re afraid that the conduct will escalate further.

Permanent Restraining Order

A permanent restraining order is issued after a formal hearing or if the respondent fails to appear for the formal hearing. A judge will weigh all the evidence presented at the hearing and make a decision on whether the petitioner has sufficiently satisfied their evidentiary burden. If granted, a permanent restraining order may last for up to 5 years.

Consequences of a Restraining Order

  • It will prohibit all contact with the protected person.
  • The restrained person will be prohibited from owning or possessing a firearm for the duration of the restraining order.
  • A restraining order will be revealed on most background checks.
  • The restrained party will face criminal charges for willfully violating the restraining order.[1]
  • The restraining order will be reported to the California Law Enforcement Telecommunication System (CLETS) making it known to the police.
  • It may have adverse effects on someone holding a professional license.

Get Help From a Newport Beach Restraining Order Attorney

We offer a free initial consultation and explain your legal rights and the court process involved in restraining order proceedings. Contact us today to schedule an appointment with a Newport Beach restraining order attorney.

Footnotes

[1] A willful violation would be charged under Penal Code 273.6 making it a crime to intentionally and knowingly violate a protective order. It carries the consequences of a misdemeanor conviction and serving up to one (1) year in the county jail and a fine up to $1,000.

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