Lake County, CA Restraining Order Lawyer

Lake County, CA Restraining Order Attorney

The purpose of a restraining order is to provide protection for those who are in a harmful environment due to a spouse or partner, a former spouse or partner, or another individual. If you are looking for protection for yourself and your children, it isn’t suggested that you try obtaining a restraining order on your own. Consult a Lake County, CA, restraining order lawyer.

The Different Types of Restraining Orders

There are several kinds of restraining orders, also known as protective orders. Domestic violence restraining orders are necessary for those who are experiencing abuse and a toxic relationship at the hands of a romantic partner or close family member. This order mandates that the person causing the unsafe space keep a certain distance from the person being harmed. It may also prevent any communication between the two parties for a certain amount of time.

Elder or dependent adult restraining orders are another kind of restraining order that can be requested. They are meant to protect those who are elderly or a dependent adult who is unable to care for themself. This protection is against an individual who has financially, physically, or emotionally abused an elderly or dependent adult. It also applies to situations where neglect is evident.

Another kind of protection order that can be requested is a workplace restraining order. These protection orders are for employees who have experienced threats, violent acts, harassment, or stalking. These threats or acts of violence can be in the office, over the phone, through the mail, or electronically. An employer can request this kind of restraining order for the employee’s safety.

The Three Kinds of Protection Orders Under California Law

There are three levels of protection that you can obtain under California Law, including an emergency protective order, a temporary restraining order, and a permanent restraining order:

1. Emergency protective order (EPO). An EPO is usually involved in the case of a domestic violence dispute. If the police officer who arrives on the scene believes that one or several people need to be protected right away from a particular person, then an EPO may be requested. If the judge approves the appeal, then the protective order may last up to seven days.
2. Temporary restraining order (TRO). This kind of restraining order is an effective way to protect an individual who is suffering harassment, which is referred to as unlawful violence or a threat of violence. It is often granted to someone who is under an EPO that is about to expire but who still needs protection while awaiting a hearing.
3. Permanent restraining order (PRO). A PRO is granted after a court determines that a person needs protection for a longer time than an emergency order or a temporary order can provide. Before the permanent order is granted, a hearing will occur that discusses the need (or, if refuting, the lack of need) for a restraining order. The judge will decide if they will approve the order, the details of the order, and how long it will last.

How to Request a Restraining Order

If you wish to request a restraining order, you must go to your local courthouse to fill out all of the necessary paperwork. An attorney can also assist you in completing this step. These documents give an idea of the circumstances and how you are in danger. The judge will then review these documents, determining what kind of restraining order is needed or how long it may be needed.

What Happens if a Restraining Order Is Granted Against You?

If a temporary restraining order has been granted against you, you must make sure to follow the order. You will be asked to appear for the hearing of the permanent restraining order. If you wish to fight the restraining order, you may craft a written statement and appear in court.

FAQs

Why Would a Judge Deny a Restraining Order in California?

There are several reasons a judge may deny a restraining order in California. If there is not enough proof to demonstrate the need for a protective order, it will be denied or dismissed. Additionally, if it is discovered by the court that the one requesting the order has lied about their circumstances, the judge will deny or dismiss the order.

Can You Appeal a Restraining Order in California?

Yes, you can appeal a restraining order in California. If you do not agree with the details of the order, a motion may be filed to either request a modification or to have it placed aside. You must give adequate reasoning for an appeal to be considered valid. It is suggested that you act quickly, however, if you wish to make an appeal as you can easily miss your chance.

What Kind of Evidence Do You Need for a Restraining Order?

The kind of evidence you need for a restraining order depends on the kind of order you need. If you are requesting a temporary restraining order in Lake County, CA, personal statements involving the abuse involved are needed. If a permanent restraining order is needed, more evidence is needed from witnesses as well as any physical proof, such as medical reports, police reports, text messages, etc.

If a Restraining Order Is Approved, How Does It Affect You in California?

If a restraining order is approved in California, it can affect you in many ways. First, as most restraining orders prevent you from communicating in any way with a particular person, you will no longer be able to speak with that person, at least for a time. You may also lose access to seeing loved ones, such as your children. Or you may be limited to spending time with your children that are supervised visits.

Protect Yourself With a Restraining Order in Lake County, California

Restraining orders are meant to give protection to those in an unsafe, toxic environment because of the actions of a romantic partner, a relative, a friend, or another individual. Protecting yourself and your children is extremely important. With something as serious as a restraining order, don’t try to handle it on your own. Contact the Carroll Law Office for assistance with your case.