Orange County Restraining Order Lawyer

Domestic Violence Restraining Order Attorney in Orange County, CA

Domestic violence is an unfortunate reality for many people living in California and across the United States. Each state has unique laws to prevent domestic violence victims from experiencing further abuse. Unfortunately, some people attempt to leverage these laws unfairly and unjustly for personal gain, usually to gain legal advantages in divorce cases and child custody disputes.

The attorneys at Quinn & Dworakowski have successfully handled hundreds of restraining order cases. We are experienced and skilled trial attorneys, and our litigation talents serve us well in this area since allegations of domestic violence frequently result in court hearings. California has severe laws regarding domestic violence. While this is great if you seek protection from an abusive spouse or partner, it can be devastating if you are the one accused of domestic violence. Indeed, restraining orders can have profound and long-lasting consequences in Family Court, including loss of custody of your child and loss of spousal support.

Moreover, a restraining order, which can be issued for five years, and even renewed indefinitely under some circumstances, carries serious non-family court-related consequences also. For instance, a restrained person’s information will be entered into the California Law Enforcement Telecommunications System (CLETS) database, which means that every background search performed will reveal the existence of the restraining order, adversely affecting current or prospective employment opportunities. Moreover, a domestic violence restraining order prohibits the restrained person from possessing a firearm. This will clearly affect the restrained person’s ability to have a job in the military, law enforcement, or any other job requiring a firearm.

If you find yourself on either end of a domestic violence case in Orange County, CA, a restraining order is likely to come into play. Victims need restraining orders to prevent them from experiencing more abuse. Still, individuals who are falsely accused of committing domestic violence need to know how to fight unfairly filed protective order petitions. Our firm takes a client-focused approach in every case we accept. We take time to learn as much as possible about every client we represent to ensure truly individualized legal counsel for every case. We understand the stress, uncertainty, and isolation that anyone on either side of a domestic violence case can experience. Our goal is to help our clients approach their cases with confidence and peace of mind.

Why Should I Hire an Orange County Restraining Order Lawyer?

Navigating any legal case without an attorney is extremely difficult. The average Orange County resident with no practical experience in the family law system would face enormous challenges in navigating any case pertaining to a restraining order. Whether you are the victim of domestic violence seeking a restraining order or you have been wrongfully accused and need to fight the implementation of a restraining order, it’s essential to secure legal counsel from an Orange County restraining order attorney you can trust.

An experienced legal team can assist you in addressing your unique needs and concerns in your case. Most domestic violence cases lead to further family court proceedings and criminal proceedings against the party accused of committing the domestic violence in question. A parent who commits domestic violence is likely to lose all custody or visitation rights they otherwise would have secured through divorce or child custody dispute proceedings. False accusations, when not appropriately handled, may also lead to such outcomes, potentially resulting in a falsely accused parent losing access to their children because of a lie.

Ultimately, every domestic violence case in Orange County, CA, involves unique issues, and it is not always easy to determine the best approach to this type of complicated case. Therefore, Quinn & Dworakowski, LLP, takes time to learn as much as possible about every client we represent. We understand that everyone faces different challenges and opportunities in their family law proceedings, and we strive to limit uncertainty for our clients as much as possible.

How Does a Restraining Order Work in Orange County, CA?

When the police in California respond to a call regarding domestic violence, they have a legal obligation to prevent further harm to the victim. If the police see evidence that the alleged victim has indeed suffered some form of harm, they will remove the alleged aggressor from the situation. They may arrest them if they are responsible for causing harm to the victim or simply require that they leave the house until there is a hearing. The police will typically assist the victim in securing a temporary restraining order that may be later transformed into a permanent protective order.

A restraining order or protective order exists to prevent an abuser from coming into close contact with the victim. They may be prohibited from coming near the victim physically and forbidden from entering their home, coming within a certain distance of their workplace, or coming near their child’s school or daycare center. Every restraining order is tailored to the victim’s unique needs, and the penalties for violating a restraining order can be severe.

If you are falsely accused of committing domestic violence, and your accuser files a petition for a restraining order against you, it can easily feel as though the entire legal system is automatically against you and that no one is on your side. While this can feel incredibly isolating and unfair, you must comply with the temporary order and the instructions from the police before securing legal counsel. Your attorney can help you determine the best possible resolution to your case, assisting you in gathering whatever evidence you need to clear your name. In the interim, comply with the order or risk facing severe penalties, even if you did not commit the harm in question that led to the initial temporary protective order.

Temporary Vs Permanent Restraining Orders

An initial restraining order placed immediately after an incident of domestic violence has occurred is a temporary restraining order. It will remain in place until the hearing date assigned by the court. At this hearing, the judge overseeing the case will evaluate the facts of the matter to decide whether the protective order should be transformed into a permanent protective order. The terms of a protective order will usually reflect the terms of the original temporary order but typically include much stricter descriptions. A “permanent” protective order typically lasts for five years and may be renewed indefinitely.

It is vital for anyone subject to a restraining order to follow the terms of the order to the letter, even if they have been falsely accused. If any other party has wrongfully accused you of committing a domestic violence offense that you did not commit, you cannot simply disregard the wrongful restraining order. You must work with an attorney to impeach the accuser and prove they filed a false report or misrepresented the incident. If you refuse to comply with any restraining order, whether temporary or permanent, lawful, or wrongful, you risk incarceration, fines, and loss of custody and visitation rights.

Important Information for Victims of Domestic Violence

If you have experienced domestic violence from your spouse, partner, or another close relation, a restraining order is one of the most potent legal protections you can have that will not only help you prevent the abuser from inflicting further harm but also protect other members of your family. An experienced Orange County restraining order lawyer can help you secure the restraining order you need after experiencing domestic violence. While the police can assist you in securing a temporary protective order, you will need an experienced attorney’s assistance for the subsequent family court hearing and to obtain the permanent protective order you need.

Your attorney can help you gather whatever evidence you may require for proving that your accusation was accurate and truthful. For example, they may consult a medical examiner who can verify that you sustained defensive wounds and other injuries consistent with your report of domestic violence. In addition, if you suffered non-physical abuse of some kind, your attorney could assist you in supporting your case by gathering additional evidence and even witness testimony, if possible.

An experienced Orange County restraining order lawyer will also be a valuable asset for your hearing. They will assist you in making a compelling case before the judge, explaining why you need a permanent restraining order against your attacker. In addition, if your domestic violence case spills over into additional family court proceedings, such as a divorce or custody dispute, the attorneys of Quinn & Dworakowski, LLP, have extensive experience handling such cases and can provide the ongoing legal counsel you will need throughout your case.

Vital Information for Those Falsely Accused of Domestic Violence

It’s an unfortunate reality that thousands of people across the country are subjected to false accusations of domestic violence every year. For example, some people will levy false accusations of domestic violence against their spouses before filing for divorce or during active divorce cases to secure a more favorable position in the eyes of the court. It’s also common for parents embroiled in custody disputes to falsely accuse co-parents of domestic violence or child abuse to preclude them from obtaining any custody or visitation rights.

Due to the legal obligation of the police to inherently side with the alleged victim of a domestic violence incident, the accused can feel isolated, as if the entire family court system and criminal justice system are working against them. As a result, they may be forced out of their home, cut off from contact with their children, and face extreme emotional distress in the face of a criminal domestic violence accusation.

If you find yourself in this kind of situation, it is essential to remember that you must still abide by the terms of the temporary restraining order. While the order may be unjust, and you might think that compliance with the order would amount to a tacit admission of guilt, the reality is that defying the order in any way will have severe negative consequences, even if you did not commit the offense in question. Therefore, if you are forced out of your home and face a restraining order hearing, it’s essential to speak with an Orange County restraining order lawyer as soon as possible.

Your attorney can help you determine the best approach to your case. You may need to gather eyewitness statements from anyone who saw the incident occur. You may also need to see a medical examiner who can verify any defensive wounds you sustained or otherwise help you prove that you acted in self-defense. You will need to rely on your attorney to help you develop a strategy for approaching the restraining order hearing ahead of you. They can also assist you in related family court proceedings.

The false accuser’s story can fall apart in several ways. Effective leveraging of material evidence, conflicting statements from witnesses who saw the event, or even the accuser struggling to keep their story straight in court proceedings will help the falsely accused individual prove their innocence. If it is revealed that the initial accusation was false, the accuser could face criminal charges for filing a false police report and perjury. The accused would then have the right to file a civil claim against the accuser to seek compensation for damages caused by the false accusation.

A wrongful accusation of domestic violence can potentially ruin the accused individual’s life in several ways very quickly. They will lose standing in their community, potentially lose their job, friends and relatives may abandon them, and their relationships with their children could be seriously damaged. In addition, it’s possible for the accused to seek compensation for intentional infliction of emotional distress, lost income, defamation, and any other damages resulting from the false accusation.

Domestic Violence, Divorce, and Child Custody

Most domestic violence cases generate expansive family court proceedings, often entailing divorce and child custody determinations. When a divorcing person commits an act of violence against their spouse, they will face a restraining order and lowered standing in the eyes of the judge. The judge may award the victim a greater amount of spousal support than they would if domestic violence was not a factor in the case. It’s also possible for the spouse who committed domestic violence to lose any hope of obtaining custody or visitation rights. However, they will still be responsible for child support.

Ultimately, domestic violence can easily generate complex family court proceedings, and it can lead to arduous civil cases and criminal charges against the party who engaged in the violent behavior. Domestic violence takes many forms, and the penalties can be severe, but a restraining order is likely to come into play in every domestic violence case.

Quinn & Dworakowski, LLP, has years of experience handling restraining order cases on behalf of clients throughout Orange County, CA. Whether you need to secure a restraining order after suffering domestic violence or you must fight a restraining order filed after a wrongful accusation of domestic violence, we can help. Our team has the resources and skills necessary to handle the most complex cases. In addition, we are well-versed in the full scope of family law matters often related to domestic violence cases and restraining orders. If you need legal counsel after an incident of domestic violence on either side of the issue, contact Quinn & Dworakowski, LLP, today to schedule a consultation with an experienced Orange County restraining order attorney.