Restraining Orders

Our Attorneys have handled numerous restraining orders throughout Los Angeles County. Our experience involves both seeking and defending restraining orders of all kinds. We aggressively work with our restraining order clients and/or their representatives to handle all aspects of the restraining order process, from drafting relevant paperwork, filing any necessary motions, and conducting the restraining order hearing to its completion.  We often work with touring musicians and entertainment industry clients and have come up with novel theories to better protect them while touring, working on location or making public appearances.  Business managers, agents, studios and entertainment lawyers trust us to protect their clients.

In California, there are several different kinds of restraining orders. Each of these different kinds of restraining orders is covered by a different law – this means that different restraining orders have slightly different procedures and standards of evidence which must be met. That is why it is important to hire an attorney who understands the laws specific to your particular restraining order. Our Attorneys competently and aggressively handle all kinds of restraining orders within Los Angeles County.

Domestic Violence Restraining Order

A Domestic Violence Restraining Order (or DVRO) is a restraining order filed by a person against another person he or she used to date, used to be married to, has a child with, or is somehow related to. If you have been the subject of domestic violence, stalking, or any kind of continued harassment from an ex, Our Attorneys may be able to help you get the protection you need through the DVRO process.

On the other hand, if you have been served with a DVRO and need to defend yourself, call our offices today and see if our Attorneys can help you defend your rights.

Civil Harassment Restraining Order

A Civil Harassment Restraining Order (or CHRO) is a restraining order filed by a person against another person who he or she is not covered by a DVRO, as discussed above. If your neighbor is harassing you, you may be able to enjoin that harassment through a CHRO. If a stranger is stalking you, a CHRO may be the protection you need. If someone keeps contacting you, despite your request that he or she not contact you anymore, a CHRO may be the solution. If you feel that you are being harassed unlawfully by someone you may or may not know personally, Our Attorneys may be able to help you get the protection you need through the CHRO process.

If you have been served with a CHRO and need to defend yourself, call our offices today and see if our Attorneys can help you defend your rights.

Elder Abuse Restraining Order

An Elder Abuse Restraining Order (or EARO) is a restraining order filed by a person over the age of 65 against someone engaging in physical or financial abuse. It may also apply to anyone over the 18 who has a qualifying mental disability. If your elderly parent is getting taken advantage of financially by a caretaker, an EARO may be able to help the elder. If neighborhood children are intentionally intimidating your grandmother when she takes her dog for a walk, an EARO may be able to help grandma get the protection she needs. If you are worried because your mentally disabled nephew is being isolated or otherwise maltreated by a caretaker, an EARO may be able to help him. If you feel that you or a loved one over the age of 65 or with a qualifying mental disability is being abused in any way, Our Attorneys may be able to help get your loved one the protection he or she needs.

If you have been served with an EARO and need to protect yourself against its accusations, call our offices today and see if our Attorneys can help you defend your rights.

Workplace Violence Restraining Order

A Workplace Violence Restraining Order (WVRO) is an unusual restraining order, in the sense that it is filed by an employer on behalf of an abused employee. Moreover, a WVRO can be used to protect other employees at the location, as well as other locations at which the employee may work in the future. If your floor salesman was assaulted by a customer, you may find a WVRO an appropriate remedy to keep the assaulter away from your stores in the future. If an individual has called your store threatening violence, a WVRO may be an appropriate tool to keep that individual away from your locations and keep your employees safe. If you have an employee who has suffered violence in the workplace, or has been the subject of a threat which can be construed to be carried out at the workplace, Our experienced Attorneys may be able to help you get the protection you need through a WVRO.

If you have been served with a WVRO and need to defend yourself, call our offices today and see if our Attorneys can help you defend your rights.

The Restraining Order Process

Despite their nuanced differences, restraining orders are handled largely the same way –

Filing For the Restraining Order

First, the Petitioner (the person who wants the restraining order) files for a restraining order at the proper filing location. This step involves filling out paperwork telling the judge why a restraining order is needed in the first place, and why a restraining order would be proper in that particular case.

Temporary Restraining Order and Hearing

After the Petitioner files for the restraining order, the Court either grants or denies a Temporary Restraining Order that same day. Regardless of whether the judge grants or denies the temporary order, the judge will set a date for a hearing on the merits of the case.

Serving the Respondent

At least Five Days before the hearing, the Respondent (the person who the Petitioner wants to keep restrain) must be served with all necessary paperwork. This service must be done by what is called “personal service”. This means that someone other than the Petitioner must personally deliver the necessary paperwork to the Respondent and fill out a proof of service for the Court.

If the Respondent cannot be properly served in the necessary timeframe, a judge may consider granting an extension to the Petitioner to give him or her more time to serve the Respondent.

The Hearing

At the hearing, the Petitioner attempts to make his or her case to the Court as to why a restraining order should issue. The Respondent then has an opportunity to rebut the Petitioner’s case and show why a restraining order should not issue.

Which party wins the hearing depends largely on the evidence presented, which side the judge finds more credible, and how clearly and intelligibly each side presents its case. This final reason makes it especially important to hire a competent attorney to represent you in your Restraining Order Hearing. A judge may rule against a legally justified party simply because he or she does not know how to present a case coherently.

Orders After Hearing

After the hearing, the judge may grant a Permanent Restraining Order for up to Five years. Once granted, it is extremely difficult to get a judge to reexamine the case and quash a Permanent Restraining Order.

On the other hand, a judge may dismiss the Petitioner’s case with prejudice. This means that the Restraining Order was denied, and that that Petitioner is not allowed to ask the Court for another one based on the alleged conduct.

Because of the serious nature of a Court’s Orders After Hearing, it is essential that anyone seeking or defending against a Restraining Order hire an experienced lawyer, such as those at The Goldstein Law Group, to represent him or her in that action.

The Goldstein Law Group Has Extensive Experience Handling Restraining Orders

Our attorneys have prosecuted and defended numerous Restraining Orders of all types throughout Los Angeles County. If you wish to obtain a Restraining Order, or if you have been served with a Restraining Order and wish to defend against it, call The Goldstein Law Group today.