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Domestic Violence Restraining Orders

Los Angeles Restraining Order Lawyers

A domestic violence restraining order is a type of restraining order that is available. In order to get a restraining order in California based on domestic violence, you need to show that abuse has occurred and is likely to occur again unless a restraining order is issued to protect the victim of the abuse. Domestic violence is criminal, and there are criminal penalties under California’s penal code. Restraining orders covered here are actually civil protective measures a person can seek themselves for protection, and are covered by the state’s Domestic Violence Prevention Act (DVPA).

Get Protection From The Los Angeles Restraining Order Lawyers At Maclean Chung Law Firm

Abuse is broadly defined under the DVPA. It includes physical abuse or sexual abuse, but also includes threats of abuse or harm without any physical harm, and even harassing or stalking conduct. If you feel threatened or harmed, and think you need to get a restraining order for protection, please contact us to discuss if your case qualifies as abuse under the DVPA.

To qualify to request a domestic violence restraining order versus a civil harassment restraining order, a certain type of relationship must exist or have existed. For example, you are or were previously married, engaged, dating, or lived together in a co-habiting type of relationship. You also can request an order under the DVPA if you have a child with the abuser, or a closely related such as a parent or grandparent. People who wouldn’t qualify would be if you are just neighbors, or acquaintances, then you would need to request a Civil Harassment Restraining Order.

A domestic violence restraining order can grant a wide variety of orders. The abuser can be restrained from making any contact, directly or indirectly with the person needing protection, be required to stay 100 yards away from the person needing protection, and prohibited from making threats, harassing, stalking, molesting, or other type of behavior. If the people involved lived together, an order forcing the abuser to move out and stay away from the dwelling can also be issued.

Other orders that can be granted are temporary custody and visitation orders if children are involved, temporary child and spousal support orders, orders to pay debts or make other payments, an order for attorney’s fees and costs, and other relevant orders. An abuser can be ordered to attend a batterer intervention program, and would also be prohibited from owning or possessing any firearms.

When you apply for a Domestic Violence Restraining Order, a hearing will be set for a Judge to consider the merits of your request and determine whether to grant the restraining order. If you need temporary protection until the hearing, you can ask for a temporary restraining order that will last until the Court hearing date. The request for a temporary order is done ex-parte (meaning same day you take your application in and without a regular hearing), and usually you would need to give notice to the person that you are seeking the order against. However, notice does not have to be given under certain circumstances, such as if you were afraid that violence or abuse would happen again if the person was notified you were seeking a temporary restraining order.

A Court will usually grant a temporary order based on the allegations in your application, as long as what you alleged is sufficient to show that the DVPA applies and that the Judge has the authority to grant a temporary order. Copies of the temporary order need to be personally served on the abuser, and also given to the local law enforcement to enter into the statewide CLETS system.

If either the temporary restraining order, or the order after hearing are violated by the abuser, the police should be contacted regarding the violation, and the abuser should be arrested for the violation. Once a restraining order is granted by a Judge, it is a criminal violation to not obey it. If you feel an order is being violated, do not hesitate to contact the police.

Contact The Los Angeles Restraining Order Lawyers At Maclean Chung Law Firm To Schedule A Free Consultation

The Los Angeles restraining order lawyers at MacLean Chung Law Firm serve all of Los Angeles county.  Our main office is located in Burbank and we have branch offices in Pasadena, and Santa Clarita (Valencia).  Call the Los Angeles domestic violence restraining order lawyers at MacLean Chung Law Firm to set up a free consultation at (818) 305-6200.

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Words From Clients

  • I was referred to MacLean Chung Firm by a family friend and I would refer them to anyone else who is in need of their services. They made me feel comfortable and was always there to answer any questions I had. Thank you again for helping me get back on track!
    Aime B.
  • Great service, very informative and easy to work with. I was able to make payments, which was really helpful for me. I was kept in contact via email and text, contacted prior to my meeting of creditors with a reminder on what to bring to the hearing. It all went so smoothly, I’m so glad I chose Maclean Chung to help me through this.
    Yvette M.
  • David helped me out probably in my lowest point of life. He and his staff have been assuring and punctual, professional in every way. With their help I got my life back. I’m so glad I went to this firm and followed David’s advice. I’d strongly recommend him to anyone I know. Thank you so much!
    Jessica L.

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