If you are the victim of domestic violence, it may be necessary to petition the court for a restraining order against your abuser. On the other hand, if someone is seeking a restraining order against you, the impact on your life can be harsh, and you should always defend against such an order. In either situation, the restraining order attorneys at Miranda, Magden & Miranda, LLP can assist you. Our legal team knows that talking about domestic violence is never easy. However, we also know that the situation can escalate very quickly and result in serious harm if you do not have the proper protections in place. We are here to listen to your side of the story and take the steps needed to protect your best interests, so contact our office today.
Situations involving the threat of harm can vary significantly. For this reason, California sets out different types of restraining orders that protect against the following:
If you are at risk of immediate harm from your abuser, you can request an emergency protective order. The court can issue this type of order without first notifying or hearing from the accused abuser. In addition, a prosecutor handling a domestic violence case can request a temporary restraining order (TRO) from the court. This order aims to protect victims of domestic violence while they wait for the resolution of the case and for a permanent restraining order.
Permanent restraining can last for up to five years, and it requires a hearing to obtain one. The person accused of domestic violence will have the opportunity to appear in court and defend against the order. It is highly important to have the right legal representation during this hearing to ensure you receive the protection you need from a permanent order. While a permanent restraining order cannot physically prevent someone from violating the order, any violations can result in serious criminal consequences, which is often enough to enforce the order and your safety. Obtaining an order can also be evidence in a divorce or child custody case that is occurring at the same time or after the domestic violence allegations.
In some cases, you might face false accusations of domestic violence, often for your spouse to gain an advantage in a divorce case. In this case, you want to do everything you can to prevent the court from issuing a permanent restraining order. This order can substantially restrict your freedom, your ability to see your children, your housing situation, your career options, and more. Contact the right attorney to discuss your options for a defense against a restraining order.
The law firm of Miranda, Magden & Miranda, LLP, handles restraining order cases as part of a divorce and as a standalone matter. Contact us to discuss your options right away.
Domestic violence issues are never easy. If you need to file a restraining order, our experienced and compassionate family law attorneys can help. Call us today to get started.
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