Restraining Order

Orange County Restraining Order Attorney

I represent those seeking restraining/protective orders and also individuals in need of defense against a petition for a restraining order. However, I can’t represent both parties together! Just like a divorce attorney, I represent whichever hires me first.

If you find yourself in either situation, you should hire a restraining order lawyer immediately. There are legally significant differences between the standards of proof in the different types of protective orders. In other words, the standard of proof is used by Judges in different types of these cases to determine whether the petition will be granted or dismissed. It is important to have an attorney that understands these differences in order to assess the viability of your defense or petition and use the facts in your case to obtain the result you are seeking.

Law Office of Wais Azami can assist you in all of the following types of protective orders:

• Domestic Violence Protective Orders
• Elder Abuse Protective Orders
• Workplace Protective Orders
• Civil harassment Protective Orders

Representing/Defending Against a Domestic Violence Restraining Order

The situation is serious and can have permanent repercussions if you do not act quickly and carefully, even if you feel the petitioner is lying. If you violate the order, you can face legal penalties such as arrest and criminal charges. Even if the violation was accidental and not deliberate. Further, any perceived violations of temporary restraining orders will be used against you at the TRO hearing. Most other types of restraining orders use the clear and convincing standard of proof, but domestic violence protective orders are evaluated at a much lower standard of proof called the preponderance of the evidence standard.

Asking for (Petitioning) a Domestic Violence Restraining Order

One can petition for a domestic violence protective order if you are in a close romantic or familial relationship with someone who has abused you, abused your child, or threatened such abuse.

Restraining orders in domestic violence cases are generally used when petitioning for a range of family members, such as:

• Spouses
• Domestic partners
• Romantic partners
• Relatives, including children, step-children, and parents

The standard of proof for restraining orders in domestic violence cases is much lower than other types of these orders and can have a serious impact on divorce proceedings and custody arrangements.

In domestic violence protective orders, the standard of proof is the preponderance of the evidence standard, under which the burden of proof is met when the petitioning party convinces the court that there is a greater than 50% chance that the claim is true.

In contrast, in civil harassment restraining orders, the standard of proof is clear and convincing evidence. It is important to choose an attorney who is experienced in these critical differences in order that they can use the applicable facts to argue why the standard of proof has not been met. The timeline within which you file a petition in a domestic violence case is critical to your success at the hearing. The petition includes a lot of confusing and lengthy forms to complete properly.

Emergency Protective Order:

Law enforcement officers can call a judge and request that an emergency protective order is issued against the individual accused of committing an act of domestic violence. If the judge finds the alleged victim credible that a child, or a family member is in immediate danger of further acts of violence, they will grant the order.

The emergency restraining order (ERO) goes into effect immediately and lasts only five business or seven calendar days, whatever is shorter. The objective of these orders is to give time to a protected party to go to court and request a temporary and, ultimately, a permanent restraining order.

Emergency protective orders can include the same protections as other restraining orders. They can force the removing of the alleged abuser from home and giving temporary child custody to the victim.

Elder Abuse Restraining Order

Elder abuse is an intentional act or failure to act that causes or creates a risk of harm to an older adult. An older adult is someone age 60 or older generally. The abuse occurs at the hands of a caregiver or a person the elder trusts.

One can petition for elder abuse restraining orders if they or someone they know, who is an elderly or dependent person, suffers from physical, financial, or emotional abuse or neglect.

Elder abuse restraining orders are also evaluated at a preponderance of the evidence standard of proof.

Violation of the Protective Order:

If the respondent/defendant violates the restraining order, call police immediately. Show them your copy of the Restraining Order After Hearing and the Proof of Service that proves the abuser was served with the restraining order. These violations can result in criminal charges, or at the very least, arrest.

If the abuser does something the civil restraining order forbids, they could be in civil contempt. Under California law C.C.P. Section 1218, a failure to comply with a court order can result in fines of up to $1,000 and imprisonment of up to 5 days.

Civil Harassment Restraining Order:

Civil harassment orders are categories of non-familial or non-romantic people. These can be coworkers, neighbors, regular friends and associates. Being served with, or receiving, a notification of a pending hearing can be alarming. We will help you navigate this confusing time.

If your someone (neighbor, friend, or coworker) has petitioned the courts to force you to keep a specific distance, you should defend yourself, especially if you feel the claims are untrue.

Workplace Violence Restraining Orders:

Workplace violence restraining orders can be necessary to ensure a safe environment for coworkers and employees. The court can issue a civil harassment restraining order if an employer provides reasonable evidence that an employee has suffered illegal violence or there is a credible threat of violence against another employee. This could be stalking, assault, or battery, but it also includes a variety of harassing actions. Harassing actions could be: emails, phone calls, or texts.

Temporary Restraining Order in Orange County:

Restraining orders follow specific procedures. After the petition and supporting documents are filed, the court will send you a notification of a court hearing where you will be able to defend yourself. You may also be served personally by a process server with notice of a court hearings. It is important to know that until the hearing, you need to keep your distance.

At the hearing, the petitioner will describe the situation and why it illustrates the need for a temporary order. Regardless of whether the claims are true or false, you should consult an attorney to evaluate your options and represent you at the hearing.

If the court grants the order, you will receive notice and directions for complying. This usually includes staying away from the petitioner, his or her house, vehicle, place of work, and other loved ones. The temporary protective order may even restrain you from visiting your own children.

If you break the order, the petitioner can call the authorities to have you arrested. If that occurs, you will require a criminal defense lawyer, as this can cause other legal problems. Depending on the severity of the offense, this could result in:

• Criminal Charges
• Loss or modification of custody and/or visitation rights
• Loss of any professional license

Call the Law Office of Wais Azami with any questions. We offer free consultations and flexible appointment times.