A Firm That Will Guide You Towards Better Future

Los Angeles Restraining Order Attorneywoman holding up her hand as a sign to stop

Helping Protect You From Stalkers, Harassment, & Abuse

At Lavinsky Law, our restraining order attorney in Los Angeles can help you with:

  • Criminal Protective Orders
  • Restraining Order Enforcement
  • Civil Harassment Restraining Orders
  • Enforcing Out-of-State Restraining Orders
  • Elder or Dependent Abuse Restraining Orders
  • Defense or assertion of Domestic Violence Restraining Orders (temporary and permanent)

Whether you’re asserting or defending against a request for a restraining order, the process can be emotional and stressful. You need strong advocacy and personal sensitivity during this time. Our Los Angeles restraining order lawyers be there with you every step.

The following behaviors may be grounds for a restraining order:

  • Threats,
  • Stalking,
  • Intimidation,
  • Bullying on social media,
  • Physical assault or abuse,
  • Destroying personal property,
  • Verbal, social, and sexual abuse,
  • Annoying phone calls, texts, and e-mails,
  • Violent or threatening behavior, even if the accused did not intend to harm the victim.

How Can I File for A Restraining Order in Los Angeles?

Whether you are filing for a temporary or long-term restraining order, you must request them at your nearest Superior Court. A restraining order may be requested whether or not an arrest has been made or the police have been called. You can also request a restraining order whether or not you have any relationship to the defendant. For an emergency protection order, call the Los Angeles police department immediately.

How to Terminate a Restraining Order in California

There are certain circumstances in which someone feels that a restraining order has been filed against them unfairly. In these situations, one may be able to terminate the order by completing these steps:

  1. File the appropriate paperwork with the court that granted the restraining order:
    1. The person seeking to terminate a restraining order must file a “Request to Terminate Restraining Order” form with the court that issued the restraining order.
  2. Make sure all parties are informed:
    1. Notify affected parties of your request, as they have the right to object and appear in court.
  3. Attend a hearing:
    1. You will need to appear in court and convincingly explain why you believe it is in everyone's best interest to terminate the restraining order.
  4. Submit any evidence for reconsideration:
    1. Present any evidence relevant to the case such as documentation or witness statements which can be used as grounds for terminating the order.
  5. Wait for decision from judge:
    1. After hearing both sides and reviewing any evidence, the judge will make a decision on whether or not to uphold or lift the restraining order.
  6. Get an updated copy of your restraining order:
    1. If a judge does choose to lift your restraining order, it is essential that you get an updated copy from the courts so that you have proof of having had it terminated if needed later on down the road.
  7. Follow through with any additional orders by court:
    1. After judgement is made, adhere to any other orders specified by the court such as attending counseling or pay fines associated with violating terms of original restraining order etc.

What Can Restraining Orders Do?

A restraining order is a court order that can order the restrained person to:

  • Not incur significant expenses or do anything harmful to affect your or the other person’s property if you are domestic partners or married,
  • Not go near or contact you, your relatives, your children, or others who live with you
  • Stay away from your work, home, or children’s schools,
  • Move out of your home (even if you live together)
  • Not make any changes to insurance policies,
  • Follow child support and visitation orders,
  • Release or return certain property,
  • Stay away from any of your pets,
  • Pay spousal or partner support,
  • Pay child support,
  • Pay certain bills,
  • Not have a gun.

Do I Need a Lawyer for a Restraining Order Hearing?

In California, it is not mandatory to have a lawyer represent you at a restraining order hearing, but it is strongly recommended. Restraining order hearings are crucial legal proceedings that involve complex legal matters and can have significant implications for your safety and rights.

Here are some reasons why having a lawyer is advisable:

  1. Legal Expertise: Our attorneys are well-versed in the intricacies of California's domestic violence laws and the specific requirements for obtaining or defending against restraining orders. They can provide you with a clear understanding of your legal rights and options.

  2. Procedural Knowledge: Our lawyers are familiar with court procedures and can guide you through the process, ensuring that you meet all necessary deadlines and submit the appropriate documentation and evidence.

  3. Advocacy: Our attorneys can act as your advocate in court, presenting your case persuasively and effectively. They can cross-examine witnesses, present evidence, and make legal arguments on your behalf.

  4. Evidence Gathering: We can help you gather and present evidence to support your case, which is crucial in restraining order hearings. This may include witness statements, medical records, text messages, or other relevant documentation.

  5. Protection of Rights: We ensure that your constitutional and procedural rights are protected throughout the hearing, minimizing the risk of potential legal pitfalls.

  6. Negotiation: We can assist in negotiating a resolution or settlement that is more favorable to you, potentially avoiding the need for a formal hearing.

  7. Complex Cases: If your case involves particularly complex legal issues or disputes, having legal representation becomes even more important to navigate the complexities effectively.

While you have the option to represent yourself in a restraining order hearing, doing so can be challenging, especially if the other party has legal representation. Considering the high stakes involved in these cases, consulting with our experienced Los Angeles restraining order attorney is generally the best course of action to ensure that your interests are safeguarded and that you receive the protection or defense you need.

National Domestic Violence Hotline
1-800-799-SAFE (7233)

If you have questions or would like more information regarding restraining orders in California, contact Lavinsky Law Today (310) 929-6411 and schedule a free consultation with our Los Angeles restraining order lawyer.

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