Holding Hands

Defending Yourself Against a Request for

Domestic Violence Restraining Order

  • How can I oppose a Domestic Violence Restraining Order?

  • What is a Domestic Violence Restraining Order?

  • What can a Domestic Restraining Order do?

Opposing a request for Domestic Violence Restraining Order in Los Angeles

Allegations of domestic violence are very serious. In our experience, the majority of people seeking Domestic Violence Restraining Orders in Los Angeles are being honest about their experiences.

That said, there are those who will make false and fabricated allegations in an attempt to seek an upper hand in a child custody dispute or in a divorce.

It's critical to protect yourself from false allegations and to hire an attorney with experience presenting this type of case. You have the opportunity to tell your side of the story and to present evidence. Proper preparation, investigation, and effective cross examination of the accuser can make or break a case. 

 

You may only have one, or very few, opportunities to present your case to the court. You must make sure to comply with all court deadlines and appear for court hearings. You should preserve all evidence, which can include photographs, police reports, screen shots of text messages, and even social media posts.

 

It's also helpful if your attorney has experience before the particular Los Angeles judge to whom you were assigned.

Keep in mind, when someone files a request for Domestic Violence Restraining Orders, allegations are made under oath and it is illegal to lie in court.  California judges take this very seriously, rightfully so.

 

For example, if proven that a parent intentionally fabricated allegations to gain an upper hand in a child custody battle, a judge could find that the lying parent was not acting in the child's best interest and order the parent to take parenting classes or take other remedial action.

Again, the facts of each case are different and a California judges will analyze the specific evidence to reach a decision.

What is a Domestic Violence Restraining Order?

A Domestic Violence Restraining Order is a court order that protects people from abuse or threats of abuse from someone they have a close relationship with.

If someone is being abused, they can also file a restraining order on behalf of their 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)

Someone can get a TRO by going to court and filling out paperwork where they 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, the protected person 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.

Father with his Son

What a Restraining Order Can Do

A Domestic Violence Restraining Order can order the restrained person:

  • Not contact, directly or indirectly the protected person, nor go near the protected person, their children, children, other relatives, or others who live with them;

  • Stay away from their home, vehicle, school, work, or their children’s schools;

  • Stay away from pets;

  • Move out (even if you live together);

  • Not have a gun and turn any guns in to a law enforcement agency;

  • Follow child custody and visitation orders;

  • Pay child support;

  • Pay certain bills;

  • Not make changes to certain insurance policies;

  • Transfer the rights to a cell phone number and account to the protected person;

  • Release or return certain property;

  • Complete a 52-week batterer intervention program.

In addition to the above, if you're married, the court can order the restrained person:

  • Pay spousal support;

  • Not transfer, borrow against, sell, hide, or get rid of or destroy any property.

 

Restraining orders may come up in background checks and can impact employment.

Holding Hands

It's Critical to Have the Right Team By Your Side

Schedule a Confidential Consultation With a Top Los Angeles Domestic Violence Attorney

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