Tustin Restraining Order Attorneys

Restraining Orders

A restraining order in California is a court-issued order to protect a person from physical pain or injury or even the threat of pain, injury or abuse. It can generally be issued against a family member or a member of the household or against a stalker. You don’t have to be married or in a relationship with a person to get a restraining order. What you do need to know is where the person lives or works.

There are two types of court orders that prevent an individual from having any contact with a person who requested the order. A criminal protective order prevents a person from having any type of contact with a particular person or even visiting a certain place. This type of order is common in criminal cases. A restraining order, on the other hand, is a civil matter and is not contingent on a criminal case although they can be a part of a criminal case such as a domestic violence case.

In California, there are four types of restraining orders that an individual can file:

• Emergency Protective Order (EPO): This type of restraining order is used mostly by law enforcement and is a temporary order, valid for five days. It is common in domestic violence or other criminal cases.
• Temporary Restraining Order (TRO): This civil restraining order is also a temporary court order valid for three weeks. This is also common in domestic violence cases where victims are often able to extend the order or make it permanent for up to three years.
• Criminal Protective Order: This type of restraining order is obtained through the district attorney’s office where the individual it is issued against is ordered not to have any contact with the victim
• Civil Harassment Restraining Order: This is a civil order that is used to stop harassment by a certain individual for harassment, stalking, etc.

The main goal of all these restraining orders is to protect one individual from another individual who threatens injury or harm. They prevent annoyance, harassment, stalking, disturbing the peace, having any type of contact and coming within 100 yards of the protected person’s home or place of work. The obvious advantage for a victim is security. If the restrained person violates the order, for example possessing a firearm, there are immediate consequences. He or she will be arrested for violating a court order.

If you are someone who has received a restraining order, know that you have rights too. You must be officially served with the restraining order. You also have the right to file a response to the allegations made by the person who petitioned for the restraining order. You will have up to 20 days usually before the court hearing to file this response. You cannot request the judge to deny the order, but you can request changes or modifications to the order.

If you are a victim, a restraining order gives you security and peace of mind. If you are someone who has been restrained, it can greatly affect your life and your relationships. Representing yourself in these critical hearings means exposing yourself to a huge risk, whatever be your situation or circumstances. When you have an experienced and knowledgeable Southern California Restraining Order attorney on your side, you know that your legal rights will be protected. Family law is a complex area and it takes someone with intimate knowledge of the law and experience navigating local courts to get you the best possible result in your case.

Whether you need to file a restraining order or defend yourself against a restraining order, call Wallin & Klarich Family Law to discuss your case. We offer free, comprehensive and completely confidential consultations.

At Wallin & Klarich, we approach every case with the belief that the person we’re representing could easily be one of our own family members. We’ve seen firsthand how stressful legal matters can be for our clients and their loved ones. We are committed to being available to our clients at all times — 24 hours a day, 7 days a week, 365 days a year. If you are involved in a family law matter in Southern California, you should call Wallin & Klarich today for a free evaluation of your case. Call 1-888-749-7428 or fill out our online consultation form to get in contact with a legal professional today. We will be there when you call.

Restraining Orders Overview

A restraining order is an order of the court that prohibits a party from doing something. If the party intentionally does what the order prohibits it from doing, the party faces fines or criminal charges.

Restraining orders are common in family law disputes; in fact, upon filing and serving a family law summons, both parties are automatically ordered not to move their children away without the court’s permission, and not to encumber or transfer property.

Other family law restraining orders prohibit harassing or assaultive behavior toward the other party, contacting the other party, or owning a firearm. These restraining orders, called protective orders, are common in cases involving domestic violence.

If the parties to a pending divorce or separation are able to act civilly around each other, then requesting or contesting restraining orders may not be necessary. However, divorce and separation cases are often fraught with resentment, bitterness, and conflict, so the parties must consider restraining orders if the divorce or separation is less than amicable.

If you wish to request or contest a restraining order, contact a Southern California family law attorney.  A lawyer will research the law and present the facts to the judge in a way most favorable to your position. Without an attorney, you may miss important procedural or legal points that will delay or harm your case.

If you or someone you know has an issue related to a restraining order, you will need an experienced Southern California family law attorney to aggressively represent you in court. At Wallin & Klarich, we have helped people with restraining order issues for over 30 years.  Call us today at (888) 749-7428. We will be there when you call.

Restraining Orders What Are the Different Types of Family Law Restraining Orders?

Because of the conflict that often accompanies family law proceedings, the family law court has significant discretion to prohibit parties from behavior that harms family or community interests.

A temporary restraining order automatically comes into effect when a family law summons is filed and served. The automatic temporary restraining order prohibits child move-aways and property transfers or extraordinary expenditures without court permission during the family law proceedings.

A protective order prohibits ongoing or imminent abuse, and can be issued in connection with a family law proceeding. This type of order prohibits assaultive or harassing conduct against the other party, and prohibits the subject from destroying the other party’s property. It may also prevent the subject from insulting the other party in front of their child, or prohibit the subject of the restraining order from dwelling in the family residence, even if the subject has an interest (ie, the subject’s name is on the lease or mortgage) in the residence. Lastly, this order requires the subject to surrender all firearms in his or her possession, and prohibits the subject’s use or possession of firearms.

A protective order can be issued with or without notice and a hearing, but if an order is issued without a hearing, a hearing must eventually occur if the order is to continue for a significant length of time. Before the hearing, the court will review a criminal background check of the proposed subject of the protective order: the court is more likely to issue an order if the subject has previous felony or abuse convictions, or is on parole or probation.

During family law proceedings, the court may award temporary joint or sole custody and define visitation rights. The standard for determining custody and visitation is the best interests of the child, and the court will consider previous instances of abuse in determining custody and visitation. The court may also consider whether a party has tried to move-away with the child without the court’s permission or the other party’s consent.

The court also has discretion to order either or both parents to pay child support, and one party may be ordered to pay the other spousal support. These orders can have a significant impact on a party’s finances.

If you wish to request or contest a restraining order, contact a Southern California family law attorney.  A lawyer will research the law and present the facts to the judge in a way most favorable to your position. Without an attorney, you may miss important procedural or legal points that will delay or harm your case.

If you or someone you know has an issue related to a restraining order, you will need an experienced Southern California family law attorney to aggressively represent you in court. At Wallin & Klarich, we have helped people with restraining order issues for over 30 years.  Call us today at (888) 749-7428. We will be there when you call.

Restraining Orders How Long Does a Restraining Order Last?

Restraining orders vary in duration: they may last for a few days, or they may last all the way up to trial. Several factors influence how long a restraining order remains in effect.

Ex parte orders are restraining orders granted without the other party having prior notice of the request for an order or being present in court to contest the order. Generally, they only last for up to 25 days. One kind of ex parte order, an emergency protective order, lasts only 5 court days or 7 calendar days, whichever comes first. Emergency protective orders are appropriate in instances where abuse is currently happening, or will imminently occur. Only law enforcement can request emergency protective orders.

Orders after notice and hearing can last much longer than ex parte order because the court will have made its decision after the subject of the restraining order had a chance to argue the issuance of the order. Domestic violence protective orders are presumed to last three years, but can last up to five years. These orders can also be renewed to last even longer, but the court always has the power to modify or terminate the protective order. The renewal can also be contested by the other party.

Generally, the family law court has the power to modify restraining orders at any time during the family law proceedings, usually in response to a change in circumstances. Temporary restraining orders remain in effect until terminated by the family law court prior to trial or until the entry of judgment after trial. After the entry of judgment, the family law court may issue post-judgment restraining orders.

If you wish to request or contest a restraining order, contact a Southern California family law attorney.  A lawyer will research the law and present the facts to the judge in a way most favorable to your position. Without an attorney, you may miss important procedural or legal points that will delay or harm your case.

If you or someone you know has an issue related to a restraining order, you will need an experienced Southern California family law attorney to aggressively represent you in court. At Wallin & Klarich, we have helped people with restraining order issues for over 30 years.  Call us today at (888) 749-7428. We will be there when you call.

Restraining Orders FAQs

1. Can the family law court order me to pay child support if I’m contesting parentage of the child?

Yes, they can order that you pay child support even if you contest parentage of the child, as long as the court determines that there is a probable parent-child relationship.

2. Do I still have to pay child or spousal support if I reconcile with the other party and we live together again?

Usually no. Child support or spousal support orders are not enforceable when the parties have reconciled and live together again, unless the order specifically states otherwise. If the parties separate, the orders become effective again.

3. I have a restraining order prohibiting me from large expenditures, but my community property business often purchases and sells large volumes of high priced inventory. Am I in violation of the restraining order?

No. The property restraint order does not include large expenditures in the ordinary course of business. As long as you can prove that the expenditures were normal and not for the purpose of prejudicing the other party, you are not violating the order.

4. I requested a domestic violence protective order against the other party, but I’m afraid the other party may try and contact me in violation of the protective order. Can the court allow me to have a recording device to record any communication between me and the other party?

Yes, a court may allow the party requesting protection to use a recording device to record evidence that the restrained party violated the order. However, unless the order specifically authorizes the use of a recording device, recording another party’s conversation without his or her consent may violate wiretapping or invasion of privacy laws.

5. The other party requested a domestic violence protective order against me, and I have outstanding warrants. If the family law court finds out, will they contact my probation or parole officer?

Yes. The court must run a criminal background check for all subjects of a domestic violence protective orders prior to the hearing on the protective order. If the court finds outstanding warrants, the court will contact law enforcement and act accordingly.

If you wish to request or contest a restraining order, contact a Southern California family law attorney.  A lawyer will research the law and present the facts to the judge in a way most favorable to your position. Without an attorney, you may miss important procedural or legal points that will delay or harm your case.

If you or someone you know has an issue related to a restraining order, you will need an experienced Southern California family law attorney to aggressively represent you in court. At Wallin & Klarich, we have helped people with restraining order issues for over 30 years.  Call us today at (888) 749-7428. We will be there when you call.