Do I Need a Los Angeles Defense Attorney to Contest a Restraining Order in California?
At the Kosnett Law Firm, our restraining order attorneys in Los Angeles understand that temporary protective orders are often approved and applied in California without the accused having the immediate opportunity to defend his or her actions that led to the request.
Our criminal defense attorneys in Los Angeles County also know that the party applying for the restraining order is required to prove their claims by either a preponderance of the evidence (for Domestic Violence Restraining Orders) or by clear and convincing evidence (for Civil Harassment Restraining Orders), which typically means the applicant believes the other party may attempt to cause harm, harass, or abuse the applicant, and he or she must persuade a judge that scenario is likely.
In turn, the judge will decide if the protection order is justified, and if so, he or she will issue an order prohibiting the party named from contacting the petitioner.
To follow is a review of the different levels of protective and restraining orders in California.
Emergency Protective Orders in California
An EPO, or Emergency Protective Order, may only be requested by a law enforcement officer, who is typically at the scene of an incident where they believe immediate protection is warranted to keep a domestic abuse victim, or an at-risk child or elder safe from the potential harm of a present danger.
An EPO can be issued by a judge on short notice and only for domestic violence, criminal activity, or for stalking in civil cases — by request from the police officer — and is effective immediately once approved and can last up to seven days.
Temporary Restraining Orders in California
Typically, if an individual is granted an EPO, he or she will then apply for a TRO, or Temporary Restraining Order, within the seven-day period the former is active and will usually be approved for the TRO. All that is required to show for a TRO to issue is “reasonable proof” of harassment or abuse.
Other times, individuals may file for a TRO on their own by filing paperwork explaining what happened and why he or she believes the TRO is necessary. If the court agrees that the filer is in immediate danger of domestic violence or another crime being perpetrated against him or her, the TRO will be allowed.
By name, and nature, the TRO is temporary and lasts between 20 – 25 days, or until the court hearing date that is listed on the order arrives, when the judge will determine whether to let the order expire or to issue a more permanent restraining order in its place
When Does a Restraining Order Become “Permanent” in California?
The hearing will be the first time a petitioner – the party filing the order, and the respondent — or the individual the restraining order was filed against — will have the opportunity to tell their sides of the story.
When either party has an experienced restraining order attorney Los Angeles by their side, it will help present the totality of the case, including the circumstances that caused the initial request for a protective order, and the evidence that may sway the judge’s opinion.
Permanent restraining orders can last up to three years for civil harassment cases, and five years for domestic violence cases, which can cause significant hardships for the defendant now and in the future.
At Kosnett Law Firm, our Los Angeles & Irvine criminal defense attorneys are experienced both in obtaining and defending Civil Harassment and Domestic Violence Restraining Orders. Whichever side you are on, retaining our attorneys gives you the highest probability of prevailing.
If you would like to know more about the benefits of having a skilled restraining order attorney by your side during the court hearing, contact our Los Angeles criminal defense attorneys at the Kosnett Law Firm today by calling (310) 445-5900 or by contacting us online to review your unique circumstances and provide straightforward legal options on how we can help.