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.
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.
ADDRESS
8730 Wilshire Blvd., Ste. #310
Beverly Hills, CA 90211
