Stephen G. Rodriguez & Partners Articles Defending Restraining Orders

Defending Restraining Orders

By Law Office of Stephen G. Rodriguez & Associates  Nov. 3, 2010 11:25a

In California, people can acquire different types of restraining orders. If and when a restraining order is granted against you, the restraining order can be in place for up to five years and in effect, will restrict your freedom of movement and activities in a given area. This can affect your ability to go to and from work, work related travel and visit family or friends. In addition, for the duration of the restraining order, you will have to surrender any weapons that you may have to the courts. A restraining order may seem minor; however the impact on your daily life can be severe. Having a restraining order against you can and will affect not only you, but your relationship with your spouse, your children, your family and your friends. In California, there are four types of restraining orders.

The Four Types

  • An Emergency Protective Order. This restraining order is valid for five days and is typically issued by law enforcement in domestic abuse cases.
  • A Domestic Abuse Temporary Restraining Order (TRO or DVRO). This is a temporary civil restraining order that lasts for 3 weeks and can become permanent for up to 3 years.
  • A Criminal Protective Order or "No Contact" order. This is obtained through the District Attorney's office and is used in active domestic violence criminal cases.
  • A Civil Harassment Restraining Order (CHO). A civil order that is used for the purpose of stopping harassment, annoyances caused by neighbors, roommates and co-workers.

Restraining orders can be very effective tools in protecting individuals from harassment or domestic abuse, however there are plenty of cases where restraining orders were issued based on false allegations and these types of cases can greatly inhibit your contact with your children or your ability to live your normal daily life. Not only that, but if you violate the restraining order, regardless of its merit, you would be guilty of a misdemeanor. This means you could face paying fines, jail time and a permanent criminal record.

If you have a restraining order issued against you, it is vital that you seek representation from an aggressive Los Angeles restraining order attorney at the Law Office of Stephen G. Rodriguez & Associates right away before your restraining order has a further negative impact on your rights and your freedom.

Contact a Los Angeles Restraining Order Lawyer at our firm today for a free case evaluation.

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