Restraining Order Defense
Los Angeles Criminal Defense Attorney – (213) 536-4303
Have you been named as a “restrained person” on a restraining order filed against you by a family member, friend, coworker, or close acquaintance? Not only are your name and reputation in jeopardy, but so might be your future freedom, depending on the details of the restraining order and its surrounding allegations. If you do nothing to stand up for yourself and tell your side of the story, you could be permanently barred from certain activities.
The typical restraining order can:
- Prevent you from contacting the “protected person” or petitioner.
- Ban you from certain locations at certain times.
- Remove your right to own, carry, or use a firearm.
The moment you are handed a restraining order, you need to start thinking about how you can protect yourself from the consequences looming ahead. Manshoory Law Group, APC and our Los Angeles criminal defense attorneys can help you craft a strong legal argument against the permanence of the restraining order, as well as build a case against any criminal accusations that may accompany it.
We are familiar with criminal defense cases regarding:
Call (213) 536-4303 or contact us online today for more information.
How to Respond to a Restraining Order
All restraining orders begin as temporary orders. A person can get a temporary restraining order created at virtually any time through a number of different avenues, including speaking to a judge or a police officer on the street. Since you cannot do anything to anticipate when someone will want to file a restraining order against you, you cannot do anything to stop a temporary order from restraining you. What you can do is know how to respond correctly to avoid any more trouble.
When you are given a restraining order, usually by a sheriff’s department member, you must:
- Read the restraining order in full – review it with an attorney if you have any questions.
- Comply with all orders – no matter how unreasonable they may seem, the orders are completely enforceable at this time.
- Surrender your firearms to the police, store it at a licensed location, or sell them to others.
- Plan for the court date listed on the order and make certain you attend it.
Your temporary restraining order should set a court date no more than two weeks ahead into the future. This is how long the temporary order is enforceable and how long you must comply with its regulations. At this court hearing, you are given the opportunity to argue why the restraining order is unnecessary and should be dismissed. Treat this like you are defending yourself against criminal charges by working with our Los Angeles criminal defense attorney and you will stand a better chance at having the order removed.
How an Order Becomes Permanent
If you “lose” the court hearing – or if you decide not to attend the court date – the ruling judge will make the restraining order “permanent.” In most cases, the same conditions of the temporary restraining order will be unchanged but some modifications or additions may happen. The judge will create a permanent restraining order that can last up to five years. Whenever it is set to expire, another court hearing will be scheduled to once again decide to extend it – up to another five years – or dismiss it. You do not want to get into this cycle of defending yourself against restraining orders. Fight it the first time.
Unwavering Defense in the Face of Serious Allegations
No matter the details of the accusations against you that led to the restraining order, our criminal defense attorneys in Los Angeles can help protect your rights, your freedom of mobility, and your good name. We make ourselves available to clients 24 hours a day, 7 days a week – even on holidays. The moment you know you need some legal counseling or representation, you are free to call us at (213) 536-4303. Together, we can overcome this difficult time.