Los Angeles Restraining Order Attorney

Last Modified: April 22, 2024
Los Angeles restraining order attorney

Facing a situation that requires a restraining order can be stressful and intimidating. In Los Angeles, Perlman & Cohen Criminal Lawyers specialize in guiding clients through defending against or contesting restraining orders. Our team of Los Angeles Restraining Order Attorneys understand the sensitivity and urgency of these matters and works diligently to protect your rights and safety. We're committed to providing clear, compassionate legal support tailored to your unique situation.

Perlman & Cohen Criminal Lawyers bring years of experience in restraining order cases, offering a deep understanding of California law and the Los Angeles court system. We recognize a restraining order's impact on your life, whether seeking protection or facing allegations. Our approach is thorough and personalized, ensuring you're informed and supported at every step. Let us help you navigate this challenging time with confidence and care.

Experienced Restraining Orders Attorney Protecting Your Rights in Los Angeles

Experienced restraining orders attorney protecting your rights in Los Angeles

At Perlman & Cohen Criminal Lawyers, we pride ourselves on our track record of successfully representing clients in restraining order cases. Our attorneys are well-versed in the nuances of Los Angeles laws and are dedicated to achieving your best possible outcome. We're here to stand up for your rights if you need to defend against a restraining order.

Our firm offers comprehensive legal services, from responding to the first petition to representing you in court. We can even handle discussions with the opposing party or law enforcement to prevent a restraining order from being filed. We know the emotional toll these cases can take and strive to handle your case with the utmost sensitivity and respect. We aim to ensure your voice is heard and your legal rights are fully protected throughout the legal process.

Understanding Restraining Order Laws in Los Angeles

Los Angeles follows California's comprehensive laws regarding restraining orders, meant to protect individuals from harm or harassment. These laws allow for various restraining orders, depending on the situation and relationship between the parties involved. It is essential to understand which type of order applies to your circumstances and how to defend against it properly.

The legal criteria for obtaining a restraining order in Los Angeles are specific and must be met with clear evidence. Perlman & Cohen Criminal Lawyers can review these requirements and show how specific evidence is invalid, insufficient, or should be thrown out. Our expertise ensures that your case is effectively presented when you need to contest an order.

Types of Restraining Orders Available in Los Angeles

Types of restraining orders available in Los Angeles

Los Angeles residents can access to several restraining orders, each serving a different purpose.

Emergency Protective Orders (EPOs)

EPOs are issued immediately in response to situations where someone is in immediate danger. Law enforcement typically requests these orders for up to seven days, which gives the victim time to apply for a longer-term protection order.

EPOs provide immediate safety, allowing victims to secure their well-being and seek further legal assistance. Perlman & Cohen Criminal Lawyers understands when and how these orders are instituted. We can fight them and defend your rights.

Temporary Restraining Orders (TROs)

TROs offer short-term protection until a court hearing for a permanent order can be held. They can be issued without the alleged offender's presence and typically last 20 to 25 days. This period is intended to prepare for the hearing determining the necessity of a longer-term order. If you have questions about how this order might apply to you, contact our law office today.

Permanent Restraining Orders

Permanent restraining orders provide long-term protection for up to five years. Obtaining one requires a court hearing where both parties can present their evidence and arguments.

Perlman & Cohen Criminal Lawyers have extensive experience advocating for your rights in these hearings. We understand the gravity of these orders and dedicate ourselves to securing the outcome you need. We do not believe anyone should be unjustly restrained.

Domestic Violence Restraining Orders (DVRO)

DVROs are designed to protect individuals from abuse by someone they have a close relationship with, such as a spouse or domestic partner. These orders can include specific provisions, such as no contact and removal from a shared residence after allegations of domestic violence.

Our firm specializes in DVRO cases, offering compassionate and assertive representation. We help you navigate the emotional and legal complexities, ensuring your voice is heard.

Civil Harassment Restraining Orders

Civil harassment orders protect against stalking, violence, or threats by someone not closely related to you. These are common in situations involving neighbors, acquaintances, or more distant family members.

Fighting against a civil harassment restraining order requires the court to understand your point of view. Perlman & Cohen Criminal Lawyers are skilled in compiling the necessary evidence and presenting a compelling argument on your behalf.

Three Levels of Restraining Orders

Los Angeles provides a structured approach to restraining orders, offering three levels of protection. These levels include:

Emergency Protective Order

EPOs are the first line of defense in emergencies. They're quickly issued to ensure immediate safety and are temporary until further legal action can be taken.

In the critical days following an EPO, our attorneys work swiftly to review the order and ensure your rights are protected. If the order has been ordered unjustly, we can fight to have it removed.

Temporary Restraining Order

TROs serve as a bridge to more permanent solutions, offering protection while the court considers a longer-term order. These orders are essential in providing safety during the preparation and waiting period for a court hearing.

We understand that this legal matter can be stressful. It would help if you had an experienced lawyer to fight for you. Reach out to us today to speak to our team.

Permanent Restraining Order

Securing a permanent restraining order is critical in ensuring long-term safety and peace of mind. These orders testify to the legal system's role in protecting individuals from harm. At the same time, these orders should not be instituted unjustly.

Perlman & Cohen Criminal Lawyers stand by your side during this process, advocating for your rights and ensuring that the court understands your point of view. We will construct a strong case showing why this order is unnecessary.

Grounds for Obtaining a Restraining Order

Grounds for obtaining a restraining order

Various situations warrant the issuance of a restraining order in Los Angeles. Some of the most common examples include:

A. Stalking

Stalking involves repeated, unwanted attention that causes fear or concern for safety. Documenting incidents of stalking is critical to obtaining a restraining order.

B. Elder Abuse

Elder abuse can be physical, emotional, or financial. Protecting our senior citizens requires legal intervention, and restraining orders are vital for this protection.

C. Domestic Violence

Domestic violence encompasses physical, emotional, and psychological abuse by a close relation. The law provides clear pathways to safeguard victims through restraining orders.

D. Workplace Violence

When violence or threats occur in the workplace, restraining orders can protect employees and ensure a safe working environment.

E. Harassment

Harassment can be grounds for a restraining order, whether in personal, professional, or public settings. It's essential to document any incidents to support your case.

The Legal Process for Restraining Orders in Los Angeles

Navigating the legal process for obtaining a restraining order involves several steps.

A. Filing the petition

The first legal step is to file a petition for a restraining order. The paperwork must be completed and filled out accurately.

B. Court hearings and procedures

The next step is to respond to the petition and fight against it. Preparing for and attending the court hearing is crucial. Our attorneys represent you in court, presenting your case and arguing for the removal of the restraining order.

C. Gathering evidence and witness statements

Compiling evidence and witness statements is essential for a strong case. We diligently gather all relevant information to support your response to the restraining order.

D. Presenting a compelling case

Presenting a compelling case to the judge is the culmination of the legal process. Our expertise ensures that your voice is heard and that we show why the order is an overreach.

Consequences for Violating a Restraining Order in Los Angeles

Consequences of violating a restraining order in Los Angeles

Violating a restraining order carries serious consequences. A few of the most common examples include:

  • Legal penalties. Violators can face fines, probation, or jail time. For this reason, we make sure that everyone understands what they can and cannot do. Reach out to us if you have any questions.
  • Increased legal protection. A violation can lead to enhanced protective measures or stricter terms in the restraining order. This can make life harder for everyone involved.
  • Criminal record implications. Violating a restraining order can lead to a criminal record, impacting employment and other aspects of the violator's life. If the restrained person violates the restraining order rules, it could go on their record.
  • Mandatory counseling or education. Courts may require violators to undergo counseling or educational programs focused on violence prevention. This is a critical part of protecting everyone involved.
  • Restrictions on rights. Violators may face restrictions, such as losing the right to own firearms. If you have questions about how these issues could impact your gun rights, reach out to us today.

Defenses Available for Violating a Restraining Order in Los Angeles

Fighting against allegations of violating a restraining order requires a strategic approach.

A. Lack of knowledge of the order

Claiming a lack of knowledge about the order's existence is a common defense. We ensure that all notifications are adequately served and documented. Our law office will fight for the rights of the restrained person, providing that the justice system works well.

B. False accusations or mistaken identity

False accusations or cases of mistaken identity can be contested. Our firm investigates the claims, presenting evidence to clarify the situation. Rely on our restraining order attorney to fight for you.

C. Consent from the protected party

If the protected party consented to contact, this can impact the case. We examine the circumstances and legality of any interactions. We can bring up these issues at any restraining order hearing.

D. Emergency situation

Emergencies requiring contact can be a valid defense. We help document and justify the necessity of the interaction. This civil restraining order is expected in family law cases, and our team will leverage its knowledge to provide you with a strong defense.

E. Mistake of fact regarding the order's terms

Misunderstandings about the order's terms can occur. We review the order's specifics with our clients to clarify any confusion. If there is an issue with the domestic violence restraining order, we could have it thrown out. This includes matters pertaining to battery.

F. Challenging the order's validity

If the order was improperly issued or based on false information, challenging its validity is an option. Our attorneys are skilled in scrutinizing the order's foundation and arguing for its dismissal if warranted. This can even apply to a workplace violence restraining order where assault might have been involved.

Contact Our Los Angeles Restraining Order Attorneys at Perlman & Cohen Criminal Lawyers To Schedule a Free Consultation Today!

Contact our Los Angeles restraining order attorneys at Perlman & Cohen criminal lawyers to schedule a free consultation today

If you're dealing with a restraining order issue in Los Angeles, whether seeking one for protection or defending against one, Perlman & Cohen Criminal Lawyers are here to help. Our experienced team of Los Angeles Restraining Order Attorneys offer personalized legal strategies and compassionate support to navigate these challenging situations.

Don't face this alone. Contact us today to schedule a free consultation. We'll discuss your case, outline your legal options, and determine the best course of action. Protecting your rights and ensuring your safety is our top priority. Let Perlman & Cohen Criminal Lawyers be your advocate in fighting against a restraining order.

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