Santa Ana Restraining Order Attorney
Contact the Law Offices of John D. Rogers today if you wish to file for a restraining order or if you believe that a restraining order was unfairly served against you. Attorney John D. Rogers is an accomplished trial attorney who routinely handles restraining order cases in Santa Ana. Give us a call today for a free case evaluation with an experienced Santa Ana restraining order attorney.
What is a Restraining Order?
A California restraining order is a legal order issued by a court to protect an individual from harassment, abuse, or threats of harm by another. The order may prohibit the restrained person from contacting, approaching, or coming within a certain distance of the person who requested the restraining order. A violation of a restraining order can result in criminal charges.
Types of Restraining Orders
Domestic Violence Restraining Order
A domestic violence restraining order is issued to protect a person from abuse, harassment, or threats of harm from a current or former intimate partner, spouse, or cohabitant. Moreover, the abuse must have been committed by someone who shares an intimate or familial relationship with the petitioner.
Civil Harassment Restraining Order
A civil harassment restraining order is issued to protect a person from abuse, harassment, or threats of harm from someone who is not a close family member or intimate partner. This is similar to a domestic violence restraining order, but the petitioner does not share an intimate or familial relationship with the respondent. Civil harassment restraining orders are commonly filed against friends, neighbors, or someone who damages your property.
Workplace Restraining Order
A workplace restraining order (WPRO) is filed by an employer requesting to protect their 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, or
- Your employee receives a threat from a customer over the telephone.
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 abusing your elderly father.
- Your neighbor is intentionally intimidating your aunt when she’s out walking.
- A caretaker is maltreating your mentally disabled cousin.
However, 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 protect your rights.
Three Levels of a Restraining Order
Emergency Protective Order
An Emergency Protective Order (EPO) is issued by a police officer and is effective for up to 7 days. It is issued for immediate protection in a situation where police are called to a domestic violence incident and are able to arrest the abuser.
Temporary Restraining Order
Temporary Restraining Order (TRO) is issued by a judge and is effective for up to 21 days. It requires a court hearing, the court will listen to both parties and decide if the TRO is necessary.
Permanent Restraining Order
Permanent Restraining Order (PRO) is issued by a judge after a hearing and can last up to 5 years. It is typically issued after the abuser has been served with a TRO and had a chance to respond in court. The PRO has more specific restrictions and requirements than the TRO.
Process of Obtaining a Restraining Order in Santa Ana
To obtain a restraining order, the petitioner must file a petition with the court. This can be done at the Central Justice Center. The petition must include specific information about the respondent you are seeking the order against, including their name and address, as well as details about the abuse or harassment you have experienced.
After the petition is filed, a hearing will be scheduled where both parties will have the opportunity to present evidence and testify. The judge will then decide whether to grant the restraining order, which can include provisions such as no contact, stay away, or surrender of firearms. If the restraining order is granted, the respondent must be served with the order and must obey its terms or face legal consequences.
It is important to note that the process of obtaining a restraining order can be complex and it is recommended that you consult with a Santa Ana restraining order lawyer.
Restraining Order Consequences
Violating a restraining order in California is a criminal offense and can result in serious consequences. Generally, a violation will be charged under penal code 273.6 or penal code 166(a). Moreover, the punishment may include:
- Up to 6 months in jail
- Court fines and fee
- Community service
- Batters treatment program
In addition, the respondent will be ordered to surrender all firearms and ammunition.
We Handle All Restraining Order Appeals
if you wish to appeal a restraining order, you must file a notice of appeal with the court. This must be done within a specific time frame. Failure to follow this strict deadline may result in forfeiting your right to appeal.
Once a notice of appeal is filed, the case will be scheduled for an appellate hearing. During this hearing, both parties will have the opportunity to present evidence and argue their case to a panel of appellate judges. The panel will then make a decision on whether to uphold, modify, or dismiss the restraining order.
It is important to note that the process of appealing a restraining order can be complex and it is recommended that you consult with a lawyer for assistance. Additionally, keep in mind that during the appeal process, the restraining order remains in effect and must be obeyed.
Also, it’s worth mentioning that the standard of review in these cases is an abuse of discretion, meaning that the court will look to see if the lower court made a mistake. The appeals court will not weigh the evidence or make a new decision but will look to see if there was a mistake made in the lower court.
Contact an Experienced Santa Ana Restraining Order Attorney
If you wish to file a restraining order against someone, or you believe that a restraining order was unfairly served against you, then contact us today. Call us to schedule a free consultation with an experienced Santa Ana restraining order attorney.