Domestic Violence Restraining Order Process
Law Office of Emily E. Rubenstein - Los Angeles Domestic Violence Attorney
Los Angeles Domestic Violence Restraining Orders
A domestic violence restraining order is a court order that protect people from abuse or threats of abuse from someone they have a close relationship with.
If your child is being abused, you can also file a restraining order on behalf of your child (and other family members).
There are four (4) main types of Domestic Violence Restraining Orders in Los Angeles:
Emergency Protective Order (EPO)
An EPO is a type of a restraining order that law enforcement requests from a judge. A judge is available 24 hours/day to issue EPOs. An EPO starts right away and can last up to a week. The judge can order the abusive person to leave the home and stay away from the victim and any children.
Temporary Restraining Order (TRO)
You can get a TRO by going to court and filling out paperwork where you explain everything that has happened to a judge. TROs usually last about three weeks, until a hearing date where both sides can state their cases. A judge will then decide whether to issue a "permanent" restraining order.
Permanent Restraining Order
When you go to court for the hearing scheduled by the TRO, the judge may issue a restraining order that lasts 1-5 years. This is called a "permanent restraining order." When it expires, you can ask for a new restraining order to remain protected.
Criminal Protective Order
This is a restraining order issued by a criminal court if the district attorney has filed charges and opened a criminal case against the abuser.
A Domestic Violence Restraining Order can order the restrained person:
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Not contact you, directly or indirectly, nor go near you, your children, other relatives, or others who live with you;
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Stay away from your home, vehicle, school, work, or your children’s schools;
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Stay away from your pets;
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Move out (even if you live together);
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Not have a gun and turn any guns in to a law enforcement agency;
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Follow child custody and visitation orders;
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Pay child support;
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Pay certain bills;
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Not make changes to certain insurance policies;
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Transfer the rights to a cell phone number and account to the protected person;
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Release or return certain property;
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Complete a 52-week batterer intervention program.
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In addition to the above, if you're married, the court can order the restrained person:
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Pay spousal support;
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Not transfer, borrow against, sell, hide, or get rid of or destroy any property.
The DVRO Process
Law Office of Emily E. Rubenstein - Los Angeles Domestic Violence Attorney
1. CONSULT
Schedule a confidential consultation. We'll listen to your unique story, evaluate your case, and answer your questions.
2. PREPARE
We'll review your evidence, help gather evidence, draft your declaration an all required forms. We'll file a request for Temporary Restraining Order to bridge the gap until the Domestic Violence Restraining Order hearing.
3. SERVE THE OTHER PARTY
We'll have the other served. The party will have the opportunity to present his or her side to the court at the hearing..
4. ATTEND THE HEARING
We'll attend the hearing and put on the strongest case possible to obtain the best possible result. A superior court judge will hear the case and make a decision.
Domestic Violence Solutions That Respond To Your Individual Needs With Legal & Emotional Intelligence
Escaping from domestic abuse is one of the most traumatic things a person can endure. The right support team is critical.
With both fierce advocacy and a calming spirit, we guide clients through some of the most difficult and sensitive times in their lives. We do this with first-class litigation and negotiation skills along with emotional intelligence that many other attorneys lack.
When we go to court to request a domestic violence restraining order, we know what's at stake. We unleash a proactive strategy and prepare to win.
Our goal is to protect you, your family, and your personal finances with sensitivity and compassion.
During our initial consultation, we'll ask a series of questions and listen to your unique story to evaluate your case and begin creating a custom strategy to suit your individual needs.
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Hiring a Domestic Violence Lawyer
in Los Angeles
The Law Office of Emily E. Rubenstein has extensive experience litigating and settling domestic violence matters:
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Domestic Violence Restraining Orders
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Domestic Violence and Divorce
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Domestic Violence and Child Custody
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Temporary Restraining Orders
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Emotional Abuse
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Coercion and Control
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LGBT/Same-Sex Abuse
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Supervised Visitation
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Move-Out Orders
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Alcohol and Drug Testing
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False Allegations of Abuse
The Law Office of Emily E. Rubenstein practices family law exclusively:
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Contested Divorce
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Uncontested Divorce
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Domestic Violence
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Spousal Support
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Marital property, characterization, valuation, and division
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Child custody, visitation, child support
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High-Conflict Child Custody
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Father's Rights
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Modification of Custody Orders
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Modification of Support Orders
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Request a Confidential Consultation with a Domestic Violence Attorney
As family law attorneys, we provide representation in domestic violence matters, divorces, child custody matters, and more.
A confidential consultation appointment can be made by calling (310)750-0827 or using the form on this page.
Property Division
Spousal support/Alimony
High-Asset Divorce
Business Valuation
Same-Sex Divorce /
LGBT Divorce
Hidden Assets
Retirement and Pension
Child custody
Child Visitation
Parenting Time
Child Relocation ("Move-Away")
Child support
High-Conflict Custody
Father's Rights
Other
Premarital Agreements / Prenuptial Agreements
Post-Nuptial Agreements
Order Enforcement
Post Judgment
