If you’ve suffered abuse, threats of abuse, violence, stalking, sexual assault, or been harassed by someone, we understand this is a time when you might feel vulnerable, hurt, and afraid.
A restraining order could bring much needed relief to your situation.
It can help you find a way out that leads to protection and peace. And that is our goal: your protection. We’re here to give you guidance, strategy, and answers.
Restraining orders are unique cases.
Whether they’re civil or domestic in nature, these cases take place in family law courtrooms. The good news is we understand how both family law courts and civil courts work to get you the best result.
We’re here to help.
If you’re considering a restraining order, don’t hesitate to contact us to find out if your case is viable. This can be a difficult area of law to predict, but we can help you navigate the situation. You can get in touch below to schedule a completely free initial consultation.
frequently asked questions
Domestic Violence Restraining Orders (DVRO) are most used when the people involved in the restraining order are either related, in a relationship or live together. Civil Harassment Restraining Orders (CHRO) are much more broad, but can be more difficult to obtain.
A CHRO can be, for example, against a neighbor or friend. Certain family members who are more distantly related to you may also be served with a CHRO.
It can be custom designed to your circumstances. Some of the things it can order the restrained person to do are:
- Not contact you or any member of your household;
- Not go near you, your children, or others who live with you, no matter where you go;
- Stay away from your work, your school, or your children’s school; or
- Not have a gun or firearm.
A restraining order cannot put someone in jail or fine them for their behavior.
It may be possible to have the other side pay your legal fees, or if you were married, pay spousal support, but that depends on specific facts in each case.
If someone’s behavior is serious enough, however, it could be a crime. They could be charged with domestic violence in a criminal court. This is an entirely separate case from the restraining order, in a separate courtroom with a different judge and different rules. There is some overlap however, and what happens in a criminal court can affect what happens in the family court.
They could be charged with a crime, be forced to pay a fine, or even serve time in jail.
Many things can be used to argue that abuse occurred, such as photographs, written statements, police reports, text messages, live witness testimony and sometimes videos. The more you have to back up your statements, the better your chances of getting a restraining order.
Upon filing for a restraining order, courts will often issue a temporary restraining order that day. This temporary order will keep the two sides away from each other until they attend a hearing.
At the hearing, both sides can call witnesses, present evidence and provide oral arguments as to why a permanent restraining order should or should not be granted. If it is granted, the restraints could last up to five years, though three is most common. If it is denied, the restraints will fall away that same day.
If the request for the restraining order is upheld in court, the restraints could last up to five years, though three is most common. If it is denied, the restraints will fall away that same day.
Apart from being restrained as listed above, having a restraining order against someone can cause additional effects on their life.
It can affect their ability to travel freely, affect their ability to get a new job (as it can show up in a background check), and can have a very negative impact on someone’s immigration status if they aren’t a citizen.
Meanwhile, if someone violates a restraining order, they could be charged with a crime, be forced to pay a fine, or even serve time in jail.
Why Choose the Law Office of Benjamin Kanani?
Experienced with California Law
And if you’re located in Los Angeles County, even better. We’re familiar with the judges here and are equipped to get you the best results.
Free Initial Consultation
Call us or meet in person. There’s absolutely no pressure to hire us, and unlike other law firms, there’s no time limit on the meeting.
We’re Understanding and Available
We’re not the type of lawyers who talk over your head or are difficult to get ahold of. Our job, first and foremost, is to take care of you.
If I could give Benjamin a 10 out of 5 stars on character and professionalism, I would surely do so. This is one attorney that would alter your entire perspective of lawyers (which for most people is a dark and unpleasant one!).
The first time I talked to Ben on the phone, he showed genuine concern and analyzed my case from several different angles. When I met him, I was pleasantly surprised by his refined character and attentiveness. He is not only exceedingly proficient in family law but is also compassionate about fighting for your cause in his gentle and yet strong manner. He moves the case forward in the most timely manner possible as he makes every client’s case priority. He is also very prompt in getting back to you when you communicate with him and would dedicate time and effort to answer all your questions and give clarification on every detail. Above everything, Ben is an outstanding human being. His smile, kind and polite attitude, impeccable manners, and his sincere concern for others, makes him the attorney you feel blessed to work with. I highly recommend Ben to anyone with family law matters. Definitely a rare gem in the field!!!
Just the thought of having to get an attorney can be very stressful and having to do it unexpectedly can bring on anxiety that you have never felt, but Benjamin Kanani took all my worries to the bare minimum. From the moment I sent him a message and he responded to me, I was sold. I spoke with several attorneys before speaking to him and there was nothing like his comforting conversation, patience, honesty and understanding! I would recommend Benjamin without thinking twice.
He is very thorough and doesn’t make you feel like he is all about the money and nothing else. You just don’t find loving people like him often. Yes I had to share details with him that no one ever thought they would have to, but Benjamin never made me feel less of a woman and even gave me great advice! I will forever be thankful and grateful for him. As I smile… Benjamin is stuck with me for life!!
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Benjamin Kanani is an amazing attorney. You want to hire him, trust me!!! I had a trial I needed his expertise on and upon short notice, he was able to arrange taking my case. He provided exceptional legal advice, was professional yet aggressive with what was right in the courtroom, and he made me feel extremely informed and heard. He really cares about his clients and made me feel that every question I had was answered.
He is a hard worker and an honest person. He has a calming demeanor which I need. I will continue to consult with Ben for legal advice. You will be so lucky to have him represent you or assist in the legal guidance of your business!
I am so grateful to have found Ben as my lawyer. To be honest, every time I consult with him I enter the conversation with some anxiety but through speaking with him I always feel relieved, knowledgeable and most importantly supported.
Ben has a way of making sure that I understand that whatever situation I’m facing, there’s a solution and one that isn’t difficult to obtain. Thank you Ben!
Move forward with your life with confidence.
Call us at the number below or fill out the form for a completely free, no obligations consultation. You can come down to our office in Beverly Hills and we can talk openly about your situation. We’ll make sure we’re a good fit for you before moving forward with anything.
Giving back to the Los Angeles community
We do our best to set aside time to volunteer and donate regularly at the Harriett Buhai Center for Family Law, an organization that protects victims of domestic violence.
8730 Wilshire Blvd., Ste. #310
Beverly Hills, CA 90211