Obtaining or contesting protection orders in Los Angeles, CA, can be an overwhelming task without proper legal guidance. Whether you are seeking to secure a restraining order for your safety or need a defense against someone attempting to obtain one against you, an experienced lawyer can be an invaluable advocate.
Our legal expertise encompasses all types of protection orders, and we are committed to providing you with the assistance you need to safeguard your rights and well-being. For help with protective orders in Los Angeles, California, contact Berenji & Associates Divorce Lawyers or call us at (310) 271-6290 to schedule a free consultation with a Los Angeles orders of protection lawyer.
How Berenji & Associates Divorce Lawyers Can Help With Orders of Protection in Los Angeles
At Berenji & Associates Divorce Lawyers, we understand the complexities surrounding orders of protection in Los Angeles, CA, and are dedicated to providing legal assistance to those in need. Whether you are seeking an order of protection or defending against one while going through a divorce or at any other time, we can help. Here’s how:
We can help you obtain orders of protection. Our attorneys will:
- Provide comprehensive legal advice on the process of obtaining an order of protection.
- Assist in gathering and presenting the necessary evidence to support your case.
- Offer representation in court to ensure your rights and safety are prioritized.
- Guide you through the legal documentation and procedural requirements.
We can also assist you in defending against orders of protection. We will:
- Offer a thorough assessment of your situation to craft a strong defense strategy.
- Represent you in court to contest the order of protection.
- Gather evidence and witness testimony to support your case.
- Provide legal guidance on compliance with existing orders.
With our extensive experience in family law in Los Angeles, California, we are committed to protecting your rights and helping you navigate the legal system. Contact Berenji & Associates to schedule a free consultation with a Los Angeles family law attorney.
Types of Orders of Protection in California
Understanding the various types of protective orders is essential for ensuring your safety and legal rights. The following are the different types available:
Emergency Protective Order (EPO)
An emergency protective order is typically requested by law enforcement following an urgent situation, such as a 911 call. A judge can grant an EPO at any time to prevent imminent harm in scenarios like domestic violence, child abuse, or stalking.
These orders generally last for 5 to 7 days and usually include provisions such as no contact, no harassment, and firearm restrictions. The temporary nature of an EPO ensures immediate protection while additional legal steps are taken.
Gun Violence Emergency Protective Order (GVEPO)
A gun violence emergency protective order can be requested by police officers if there is a concern that an individual might harm themselves or others using a firearm. This order initially lasts up to 21 days and can be extended through a court hearing for a period ranging from 1 to 5 years.
Besides police officers, concerned parties, such as family members or educators, can also request a GVEPO. The primary goal is to prevent potential gun-related violence and ensure public safety.
Criminal Protective Order (CPO)
During a criminal case, a judge can issue a criminal protective order to keep victims and witnesses safe. This order includes stringent restrictions such as no contact, no harassment, and maintaining a specific distance from the protected individuals.
CPOs are often utilized in cases where violence or threats have occurred to protect those involved during the prosecution of the defendant.
Types of Restraining Orders in California
There are also several different types of restraining orders designed to address various situations and provide appropriate levels of protection, such as the following:
Domestic Violence Restraining Orders (DVROs)
These are used to protect individuals from domestic abuse or threats by someone with whom they share a close relationship, such as a spouse, ex-spouse, partner, or family member, including parents, children, and siblings. These orders aim to prevent physical harm, harassment, and emotional abuse within intimate or familial relationships.
Civil Harassment Restraining Orders (CHROs)
CHROs are designed to offer protection from harassment, threats, or violence perpetrated by individuals outside of close personal relationships. These might include neighbors, coworkers, distant relatives like aunts or uncles, or even acquaintances.
Elder or Dependent Adult Abuse Restraining Orders
These types of restraining orders provide a safeguard against abuse, neglect, or exploitation of elderly individuals or dependent adults. This protection is specifically for people aged 65 or older or younger adults who are dependent due to physical or mental limitations. These restraining orders are often sought against caregivers, family members, or others responsible for the care of the elderly or dependent adult causing harm.
Restraining Orders vs Protective Orders
Restraining orders differ from protective orders mainly in terms of who can request them. A victim can file for a restraining order on their own, which means they have the autonomy to seek legal protection without needing help from law enforcement.
Protective orders are typically requested by law enforcement during emergencies or criminal cases. A victim can have both types of orders simultaneously to maximize their safety.
Consulting with a lawyer can help you determine the appropriate type of order needed for your protection or provide the necessary defense if someone is attempting to obtain an order against you.
How to Obtain a Restraining Order in Los Angeles, California
It is essential to understand the legal procedures and requirements to obtain a restraining order in Los Angeles, California. Here’s an overview of what you need to do:
Gather Evidence
Collecting evidence is the initial step in obtaining a protection order. This may include photos of injuries or property damage, police reports, details from 911 calls, medical records documenting injuries, and testimony from witnesses who can corroborate incidents of abuse or threats. If there is an ongoing criminal case, presenting the associated evidence can significantly reinforce your petition.
Obtain Court Forms
Obtain the necessary court forms required to file for a restraining order, including the Petition for Restraining Order. These forms are available to download on the California Courts website or can be picked up from your local courthouse.
File the Court Forms
Submit the completed court forms to your county’s Superior Court or Family Justice Center. Depending on the court’s requirements, this can be done in person or online. Filing these forms officially initiates the legal process for securing a restraining order.
Get a Temporary Order
Upon reviewing your petition, a judge may issue a temporary restraining order, which will last until the full court hearing can take place.
Serve the Abuser
Legally serve the restraining order documents to the person from whom you are seeking protection. This must be done following specific legal procedures to ensure the service is valid and recognized by the court.
Present Evidence in a Court Hearing
Attend the court hearing where both you and the abuser will be given the chance to present evidence. The judge will assess the information provided by both parties and make a determination on whether a full restraining order should be granted.
Ultimately, the best thing you can do if you need to obtain a restraining order is to reach out to an experienced lawyer as soon as possible.
If you need help with a protective order, we are here for you. We understand the sensitive and complex nature of these cases and will provide you with personalized attention and strategic legal advice.
From gathering evidence to representing you in court, our team will work diligently to achieve a favorable outcome for your case. Whether you’re seeking a protection order or need to fight back against one, we’re here for you. Contact Berenji & Associates to schedule a free consultation with a Los Angeles orders of protection lawyer.