SOUTHERN CALIFORNIA DOMESTIC VIOLENCE & SPOUSAL ABUSE ATTORNEY
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Protective Restraining Orders: What you need to know
According to California law, a Protective Order is a court order issued by a judge commanding an individual to restrain him or herself from contact with, or to inflict no harm upon, another individual. While obtaining legal representation is not necessary to file for or defend against a
Restraining Order, having a knowledgeable criminal defense attorney on your side could be to your advantage. A good criminal defense lawyer can ensure that necessary paperwork is filed and will help protect your interests.
A Protective Restraining Order can have a profound impact on your life and those close to you. The Attorneys at
The Law Offices of Thomas Wallin understand the sensitive complexities of Protective Orders. If you reside in Southern California we can help you defend yourself against a Restraining Order or assist you in filing for one.
The types of behavior a Judge may deem viable for Domestic Violence protection include:
- Physically or verbally attacking
- Striking, biting, kicking, pulling hair, battering
- Stalking
- Threatening, harassing
- Sexually molesting, sexual assault
- Damaging property
Restraining Orders may command an individual to leave the home they reside in, if cohabitating with the petitioner (person filing), and have no contact with joint children, unless specific guidelines for visitation are adhered to. A court hearing is required to issue, change or cancel a Domestic Violence
Temporary Restraining Order (TRO or DVRO). This can occur as soon as one business day of the filing.
Legally, the respondent (person receiving a Restraining Order) must be officially notified of the order. The Restraining Order notification should be personally delivered, be easy to read and understandable. The recipient of a Restraining Order can respond to allegations presented by the petitioner with-in 10-20 days of the filing, by filing an
Answer to Temporary Restraining Order; form DV-120, which will be included in the
Restraining Order Notice.
At the scene of a Domestic Violence disturbance, a law enforcement officer is legally authorized to initiate an
Emergency Protective Order. If the officer believes there is imminent danger of domestic violence, or that a child is in imminent danger of abuse or abduction, or that an elder or dependent adult is in immediate and present danger of abuse the
EPO will go into effect immediately. The Emergency Protection Order may also demand immediate, temporary placement of any endangered child or elder to a safe haven. An EPO is valid for 5 -7 days.
During an active Domestic Violence criminal case a
Criminal Protective Order (No Contact order) may be initiated. Violation of any Protective Restraining Order is illegal in California and can bring serious criminal charges.
Any victim of Domestic Violence can utilize the power of the Court by filing a Temporary Restraining Order. Once the order is properly served, the victim can feel relieved. The abuse will stop and the abuser will face imprisonment if the Protective Order is violated.
The Attorneys at
The Law Offices of Thomas Wallin are ready and able to assist you every step of the way in dealing with a Protective Restraining Order. We handle criminal cases in Southern California (CA), which includes, Los Angeles, Orange County, Riverside, San Bernardino and San Diego County. We are available to you 24 hours a day, 7 days a week. Call us today for a FREE criminal case evaluation at
1-800-857-5900.
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