Huntington Beach Restraining Order Lawyer

Huntington Beach Restraining Order Attorney

Restraining orders are a particularly complex part of the law. They carry significant restrictions that are reminiscent of criminal penalties, but they don’t have the same jury trial process and are instead determined by a judge. They can often provide significant protection for victims of domestic violence, but the proper process needs to be followed before they are implemented. It’s important you work with a Huntington Beach restraining order lawyer.

The experienced team at Quinn & Dworakowski, LLP, has represented clients on both sides of a restraining order case. Whether you have been accused of actions leading to a restraining order or you need help getting protections for yourself, we can provide the legal expertise required for this serious family matter. Working with a Huntington Beach restraining order law firm is vital for protecting your future.

The Restraining Order Process in California

Restraining orders are a serious legal tool designed to protect victims of domestic violence. They set a series of restrictions on the accused abuser that carry significant consequences if violated. However, because of the serious nature of these orders, there is a strict procedure that must be followed before they are decreed by the court. There must be strong evidence of abuse, and there will be an opportunity for the abused to respond to the accusations that they face in Huntington Beach.

The process begins with temporary orders. Someone who’s a victim of abuse can petition the court for these orders, although they will need to demonstrate to the court that there is enough evidence of abuse to warrant a full hearing. These orders are often very generic and will only last until a full hearing can be scheduled, which is usually a matter of days.

A hearing is held to determine if “permanent” orders will be issued. Both sides, or more likely their lawyers, will have the opportunity to present evidence and argue either for or against the orders.

While there is not a jury involved, like you would normally see with criminal charges, the judge will need to be persuaded that there is a strong reason to suspect that abuse has occurred and is at risk of happening again. Because the restrictions in a restraining order are so serious, a judge is not going to award them without a strong reason to do so.

What a Restraining Order Restricts

While there are some standard restrictions that are included in a typical restraining order, there is also the possibility that the judge may choose to make some specific orders related to the situation. Some of the more commonly included restrictions in restraining orders include:

• No Contact – One of the primary elements of a restraining order is an order not to communicate with the other party. This extends beyond direct communication to messages through a third party or digital methods. Email, texts, and social media messages are all going to be considered a violation of the orders.
• Stay Away – The restrained party is required to stay away from not only the victim but also their place of employment, home, school, or anywhere else the judge orders.
• Move Out – If the two sides share a residence, then the restrained party will be told to move out.
• Child Custody and Visitation – If there are any shared children involved, then the restraining order will set terms around child custody and visitation. In some cases, this could mean very limited supervised visitation, and in others, it could mean no contact with the children at all, much like the rules regarding the victim.
• Counseling – In many cases, various counseling, classes, therapy, and other treatments may be included in the orders.
• Firearms Surrender – If the judge believes there has been or is a risk of violent behavior, then it’s quite likely that the court will require that any firearms be handed over to local law enforcement.

What a Huntington Beach Restraining Order Lawyer Can Do

The most important aspect of the restraining order process is the permanent order hearings before a judge. In these hearings, with both sides having the opportunity to present their case, it’s absolutely crucial that you have a strong argument made on your behalf. A Huntington Beach restraining order lawyer with a deep understanding of the law and with experience with similar cases can make that case for you.

FAQs

Q: How Long Is a Restraining Order Set to Last?

A: Temporary restraining orders are very short-term orders, usually only covering a few days until a fuller hearing can be had. The permanent orders can last for up to five years. However, they do have the ability to be renewed and could be renewed indefinitely.

Q: What Would Lead to a Restraining Order Being Denied?

A: For a restraining order to be issued, a judge must believe there is sufficient evidence that domestic violence occurred and is at risk of occurring again. Reasons for rejection of an order could be insufficient evidence, inconsistent testimony, or something else that causes the judge to doubt the validity of the claims that are being made.

Q: Can a Restraining Order be Extended?

A: Restraining orders are usually initially set for five years; however, it is possible to see them extended or renewed. However, doing so requires a petition to the court and the victim making the case for why they still need the protection. It’s important that anyone looking to extend the orders work with a lawyer to ensure they are making a strong case.

Q: What Are the Consequences for Violating a Restraining Order?

A: Violating a restraining order can be a serious issue. While the exact consequences will depend on the nature of the violation and specific circumstances, some of the things that could be included are further restrictions, fines, community service, and even jail time.

A Huntington Beach Restraining Order Can Help Navigate a Complex Legal Process

The restraining order process, while a valuable tool for protecting victims of domestic violence, can often be a difficult process to navigate. It’s important to work with a Huntington Beach domestic violence lawyer and law firm like Quinn & Dworakowski, LLP, who has skillfully represented clients on both sides of this delicate matter.

We make sure we take every measure we can for our clients when representing and advocating for them through the restraining order process. Contact us today, and we can discuss your options.