Orange County Restraining Order Attorney

January 2, 2022

Whether you require a restraining order or you believe a restraining order was unfairly served against you, contacting a skilled Orange County restraining order attorney can greatly influence the final outcome. Call the Law Offices of John D. Rogers to schedule a risk free consultation to discuss your case. Our skilled lawyers will carefully evaluate your case to determine the appropriate measures to protect your rights.

We understand that restraining order cases are highly stressful. We work with our restraining clients or their representatives to handle all the aspects of the process, including drafting the petition, filing motions, and conducting the restraining order hearing.

If you are seeking protection, we will take all the necessary steps to help keep you safe. If you need to defend yourself against these allegations, we will present a vigorous defense.

Types of Restraining Orders

In California, there are several different types of restraining orders. Each of these have different procedures and evidentiary standards to meet. This is why it’s critical to hire a restraining order lawyer who understands the laws specific to your particular restraining order. Our lawyers aggressively and competently handle all types of restraining orders within Orange County.[1]

Domestic Violence Restraining Orders (DVRO)

A domestic violence restraining order is an order protecting someone from abuse or threats of abuse from a spouse, relationship partner, co-habitant, domestic partner, or former spouse. Moreover, the abuse must be committed by someone in a familial relationship or by an intimate partner, including:

  • Spouse
  • Former Spouse
  • Domestic Partner
  • Dating Partner or Former Dating Partner
  • Cohabitant or Former Cohabitant
  • Parents of a Child
  • Mother or Mother-in-Law
  • Father or Father-in-Law
  • Child[2] or Step-Child
  • Grandparent or Grandparent-in-Law
  • Brother or Brother-in-Law
  • Sister or Sister-in-Law

California law broadly defines abuse and it can come in different forms – e.g., physical, emotional, and psychological. Any one of the following instances may qualify as abuse to warrant a DVRO:

Civil Harassment Restraining Orders (CHRO)

A civil harassment restraining order (CHRO) is a restraining order filed against someone not listed under a DVRO. Ordinarily, this involves a neighbor, co-worker, or member of your extended family. A CHRO is the likely solution to someone stalking, annoying, or harassing you.

Workplace Restraining Order

A workplace restraining order (WPRO) is filed by an employer who seeks to protect his or her employee(s) from violence or threat of violence. A WPRO may be filed based on the following situations:

  • A customer assaults an employee in the workplace
  • Your employee receives a telephonic threat from a potential customer

Elder or Dependent Adult Restraining Order

An elder abuse restraining order (EARO) is filed by a petitioner over the age of 65 against someone engaging in physical or financial abuse. An EARO also applies to someone 18 or over who has a qualifying mental disability. Common situations where an EARO would apply include:

  • A caretaker is financially exploiting your elderly mother
  • Your neighbor is intentionally intimidating your grandmother when she’s out walking
  • A caretaker is maltreating your mentally disabled nephew

On the other hand, if you have been served with an EARO and need to protect yourself against the accusations, call us today to see how we can help defend your rights.

Three Levels of Restraining Orders

Emergency Protective Order

An emergency protective order (EPO) is requested by law enforcement on behalf of a victim of a crime. Ordinarily, the crime involves domestic violence. An EPO requires probable cause that the victim is in imminent danger of violence, abuse, or retaliation for contacting law enforcement. Law enforcement will generally serve the recipient while they’re in custody after their arrest. The recipient will not be able to contact the protected party for seven (7) calendar days.

Temporary Restraining Order

A temporary restraining order (TRO) is ordered after a petitioner files for a restraining order. If the judge grants the TRO, the order will remain in effect until the formal restraining order hearing. The burden of proof is relatively low where the petitioner must prove a pattern of violence and that they’re afraid that the behavior 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 decide whether the respondent sufficiently satisfied their evidentiary burden. If granted, a permanent restraining order may last for up to five (5) years.

Consequences of a Restraining Order

  • Prohibited from being within a certain distance and communicating (even through a third party) with the protected person.
  • The right to own or possess a firearm will be prohibited 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 a willful violation of the restraining order.[3]
  • The restraining order will be reported to CLETS[4] making it known to law enforcement.
  • It may cause adverse effects to someone who holds a professional license.

Appealing a Restraining Order

If the court imposes a restraining order prohibiting the respondent from contacting the protected person, the respondent may appeal the order to a higher court. An appeal is a tedious process that requires the respondent to convince a panel of three judges why a restraining order should not have been imposed. For example, the evidence may have improperly admitted during the trial or the evidence was insufficient to meet the standard. Appealing a restraining order is very time sensitive with important deadlines. Give us a call to discuss your appellate rights.

Contact an Orange County Restraining Order Attorney

If you are in need of a restraining order or you need protection against a falsely petitioned one, then call us today to speak with an Orange County restraining order attorney. We are dedicated to aggressively fighting for your rights. Contact us today to schedule a free confidential consultation with a lawyer.

Footnotes

[1] We handle restraining order all throughout Orange County including Newport Beach, Costa Mesa, Huntington Beach, Laguna Beach, Dana Point, San Clemente, Seal Beach, Irvine, Fountain Valley, Garden Grove, Westminster, Laguna Niguel, Aliso Viejo, Rancho Santa Margarita, Mission Viejo, Lake Forest, Tustin, Placentia, Santa Ana, Fullerton, Yorba Linda, Villa Park, Orange, Anaheim, Norwalk, Long Beach, Downey, Bellflower, Pomona.

[2] This also includes legally adopted children.

[3] More specifically, a person will 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.

[4] CLETS stands for California Law Enforcement Telecommunication System.

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