Has someone filed a restraining order against you in Los Angeles, California? Contact Perlman & Cohen Los Angeles Criminal Lawyers for a free consultation at (310) 557-1700. Our Los Angeles restraining order lawyers can help you protect your rights at every stage of the process.
Our criminal defense law firm has 40 years of combined experience defending clients throughout Los Angeles against restraining orders and related criminal charges. We know how these cases play out in local courts and know what it takes to challenge the claims being made against you.
Restraining order hearings in Los Angeles, CA, can feel one-sided. The petitioner has already told their version of events to a judge, and in many cases, a temporary order is already in place before you even get the chance to respond. Walking into that hearing without an attorney puts you at a serious disadvantage.
Perlman & Cohen Los Angeles Criminal Lawyers takes these cases seriously because we see how much is at stake. Some of the reasons to consider hiring our Los Angeles criminal defense attorneys include:
If someone has filed a restraining order against you, do not wait until the hearing date to get legal help. Contact our Los Angeles criminal defense attorneys for a free case review.
A restraining order is a court-issued directive that prohibits a specific person from contacting, approaching, or harassing the individual who requested the order. In California, a restraining order can restrict where you go, who you communicate with, and whether you are allowed to remain in your own home.
The process typically starts when the petitioner files paperwork with the court describing the alleged conduct. A judge may then grant a temporary restraining order (TRO) that same day, often without hearing from the person being accused.
The TRO usually remains in effect for 21 to 25 days, at which point a full hearing is held. At that hearing, both sides have the opportunity to present evidence and testimony. If the judge finds sufficient grounds, a long-term restraining order can be issued for up to five years.
Since a TRO can be granted before you even know it exists, many people first learn about the restraining order when they are served with court papers. From that point, the clock is ticking toward a hearing that could reshape your daily life.
California recognizes several categories of restraining orders, each covering a different type of relationship or situation. Understanding which type has been filed against you is important because the legal standards and consequences vary.
A domestic violence restraining order (DVRO) applies when the petitioner is a current or former spouse, partner, cohabitant, or close family member. These are among the most common restraining orders filed in Los Angeles. The standard of proof is "preponderance of the evidence," meaning the petitioner only needs to show that their claims are more likely to be true than not.
A civil harassment restraining order covers situations involving neighbors, coworkers, acquaintances, or strangers. The burden of proof here is higher. The petitioner must present "clear and convincing evidence" of harassment, threats, or violence.
An elder or dependent adult abuse restraining order protects individuals 65 or older or those classified as dependent adults from physical, financial, or emotional abuse by a caregiver.
In criminal cases, a judge may also issue a criminal protective order (CPO) to protect victims and witnesses from the defendant. This type of order is separate from the civil restraining order process and is handled within the criminal proceeding itself.
Many people underestimate how far-reaching a restraining order can be. Even though the order itself is a civil matter, its effects often spill over into criminal territory and everyday life.
Once a restraining order is in place, you may be required to:
In addition to those immediate restrictions, a restraining order can also affect child custody and visitation. In domestic violence cases, California law creates a presumption against granting custody to the restrained parent, which can be very difficult to overcome.
There are professional consequences as well for those in certain industries. Further, if you are not a U.S. citizen, a restraining order tied to domestic violence allegations could trigger immigration consequences. The order itself may also appear in civil court records, making it visible to anyone who runs a background check.
There are many ways to challenge a restraining order in California, including:
Note that DVROs in particular are sometimes used as leverage in family law disputes. An experienced defense attorney can identify when that is happening and present the evidence needed to expose it. Courts do take false claims seriously, and a compelling presentation at the hearing can result in the petition being denied entirely.
Violating a restraining order is a criminal offense under California Penal Code § 273.6.
A first-time violation is typically charged as a misdemeanor, carrying up to one year in county jail and a fine of up to $1,000. If the violation resulted in physical injury, a mandatory minimum jail sentence of 30 days applies. A second violation within seven years that involves violence or credible threats can be charged as a felony, with a potential sentence of up to three years in state prison.
One of the most important things to understand is that only the court can modify or remove a restraining order. If the protected person reaches out to you, invites you to meet, or says they want to drop the order, that does not give you legal permission to make contact.
Responding to their invitation is still a violation, and you can be prosecuted for it. The only safe path is to have your attorney file a motion with the court asking to modify or terminate the order.
If you are facing a violation charge, a criminal defense lawyer can evaluate whether defenses apply. Common defenses include a lack of knowledge that the order existed or that the underlying order was not properly issued, among others.
A restraining order is not something you should try to handle without legal help on your side. The stakes are too high, and the process moves too fast to go into a hearing unprepared. Regardless of whether someone has just filed an order against you or you are facing charges for an alleged violation, having a criminal defense attorney in your corner can change everything.
Perlman & Cohen Los Angeles Criminal Lawyers has 40 years of combined experience defending clients throughout Los Angeles in restraining order and criminal defense matters. Reach out to our Los Angeles restraining order attorneys today to get started with a free consultation. We’re available 24/7 to take your call.
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