Laguna Beach Restraining Order Lawyer

Laguna Beach Restraining Order Attorney

Restraining orders are an important legal tool for victims of domestic violence and abuse. They place severe restrictions on the alleged abuser in service of protecting the victim. However, the process can often be complex because of how different it is from many other parts of law. Your interests during this process should be represented by a Laguna Beach restraining order lawyer.

At Quinn & Dworakowski, LLP, the knowledge and experience that we offer could be vital to your case. Whether you need help issuing protective orders or you have been accused of activity leading to protective orders, we have successfully helped many clients in similar situations.

How a Laguna Beach Restraining Order Law Firm Can Help

Restraining orders are a unique part of the law, as they don’t fit neatly into criminal law or civil law in a traditional sense. There are severe restrictions that come with a restraining order that are on par with some criminal convictions, but whether or not one is issued is not decided by a jury of one’s peers but instead is decided by a judge. The complexity of these cases makes working with a lawyer essential.

While there’s no traditional trial, there are hearings where both sides will need to present their case in a way that persuades the judge involved. Given the seriousness of a restraining order, it’s important to have an experienced lawyer in Laguna Beach make your case and advocate for your position.

How Restraining Orders in California Work

Restraining orders, also known as protective orders, can be one of the most difficult aspects of family law. In most cases, these are issued in situations where there has been domestic violence, and the victim is seeking protection from those who committed the violence. However, because the restrictions that are associated with a restraining order are significant, the legal process must be followed closely.

When a person petitions for a restraining order, as long as they have some evidence justifying the situation, the court will issue temporary orders. These orders will generally be very generic and are only meant to last until there can be a full hearing regarding the situation.

At a full hearing, both sides will get to present evidence and an argument regarding their position. While this is not necessarily the same as a full trial before a jury, a judge will consider the evidence presented and make a ruling. If they decide to issue a “permanent” protective order, it will generally last for five years.

How an Irvine Restraining Order Attorney Can Help

Restraining orders often contain some standard restrictions as well as a number of restrictions that may be tailored to the particular situation. A judge will issue orders based on what they see fit as being necessary to protect the victims of domestic violence. Some of the things that might be ordered include:

• Stay-Away Order – There is often an order to stay away from the other party, including their home, school, work, or anywhere else specified.
• Not Contacting the Other Party – Contact with the victim is often restricted. This includes physical contact, messages through a third party, or digital contact, so things like text, email, and social media contact are also prohibited.
• Moving Out – The person against whom the order is issued will need to move out of any shared residence.
• Child Custody/Visitation – In cases where there are children involved, the orders will address the issue of child custody and visitation. There may be some limited custody or visitation allowed, or it is also possible that the same restrictions on contact and proximity with the victim will apply to the children as well.
• Firearms Surrender – If there is any possibility or threats of violence involved, the court may order for firearms to be surrendered to local police.
• Counseling or Treatment – In cases of domestic violence, the court could order attendance for counseling, therapy, or other treatment.

FAQs

Q: What Happens if a Restraining Order Is Violated?

A: Restraining orders are a serious court decree and need to be strictly adhered to. Violations of a restraining order can result in very serious consequences. A violation is often charged as a misdemeanor. However, depending on the nature of the violation, it could result in a felony. This is more common if there is violence or threats of violence involved with the violation. Some of the penalties that could be involved include stricter restrictions, fines, probation, and even jail time.

Q: How Long Does a Restraining Order Last?

A: A temporary restraining order is usually only meant to last until a hearing for permanent orders can be held. If permanent orders are issued, they could potentially last for up to five years, although they could be renewed many times.

Q: Can a Restraining Order be Renewed?

A: It is possible to renew or extend a restraining order beyond the initial five years that are awarded. However, extending the orders must be done through a hearing where the victim will need to explain why they believe they need the orders extended. Generally, the chances of an extension are going to be improved when the victim works with a lawyer.

Q: Why Would a Restraining Order be Denied?

A: For a judge to issue a restraining order, the proper procedure must be followed, the case must be heard in court, and the judge must believe that sufficient evidence has been presented to merit the issuance of the order.

This means that the primary reason that an order is denied is because there was not a strong enough case for the order presented. There may have been a lack of evidence or documentation, issues with someone’s testimony, and simply not making a strong enough case that there is an immediate threat.

Get Help From a Laguna Beach Restraining Order Lawyer

Restraining orders are a serious issue that shouldn’t be taken lightly. Once implemented, they can be very difficult to remove and include strict protections for domestic violence victims. That’s why both sides will be given the opportunity to present their case before the court. It’s important to have a lawyer representing you and advocating for you through this process.

Acquiring the support of the team at Quinn & Dworakowski, LLP, provides you with a knowledgeable and experienced restraining order law firm. Contact us today to schedule a consultation with a team well-versed in this complex area of family law.