Restraining Order Attorney Orange County

A restraining order is a court order designed to offer temporary or long-term relief to the petitioning party from the responding party. With this in mind, domestic violence restraining orders and other injunctions are frequently abused by petitioning parties trying to get a leg up in divorce negotiations, child custody disputes, and other family legal matters.

Whether you’re the victim of domestic abuse or you have been served with a restraining order, you should consult with the family law attorneys at Kaufman Steinberg LLP. Restraining orders can have far-reaching implications for both sides. Call today to schedule an initial consultation with an Orange County family law attorney. 

Types of Restraining Orders in California

There are several types of restraining orders available under California law. If you are not a resident of California, this information does not apply. Refer to your state’s laws on restraining orders. 

Domestic Violence Restraining Order

This type of restraining order applies to abusive situations where the alleged abuser is a person with whom you have a close relationship, as defined under the law. Close relationships include spouses, domestic partners, ex-spouses, former domestic partners, people that the petitioning party is dating or used to date, parents of a child in common (regardless of current relationship status), a blood relative, a step relative, or an in-law. 

Elder or Dependent Adult Restraining Order

If you are 65 or older or you are an adult under the age of 65 with mental or physical disabilities, you may qualify for an elder or dependent protective order. This is specifically tailored for older or disabled adults who are the victims of physical abuse; financial abuse; neglect; abandonment; treatment that has resulted in physical, mental, or emotional harm; or deprivation by a caregiver.

Temporary Restraining Order vs. Long-Term Restraining Order

If a petitioning party — the person seeking the injunction — shows good cause, the Orange County court can issue a temporary restraining order, also called an emergency protective order. The restraining order remains in effect for 21 days, at which point there is a restraining order hearing where both the petitioning party and the responding party can present evidence.

The court will determine whether the protective order should be lifted or if it should issue a permanent restraining order. A permanent restraining order is often referred to as a long-term protective order because it has a maximum lifespan of five years. However, a court can terminate the restraining order early if the responding party can show cause in a court hearing.  

What a Restraining Order Can Do

An Orange County restraining order is intended to prevent the restrained person from engaging in certain behaviors. There are three subtypes of restraining orders that can apply to each type listed in the previous section.  

Personal Conduct Orders 

This specifically informs the restrained person that they are not allowed to contact the protected party in any capacity or to stalk, threaten, sexually assault, harass, etc. Many behaviors outlined in personal conduct orders are already illegal under California law, and the restrained party could face criminal charges even without a protective order. 

Stay-Away Orders 

In these restraining order cases, the restrained person is ordered to maintain a certain distance from the protected party. The judge may also outline specific locations the respondent must avoid, such as the protected party’s residence, workplace, or vehicle. 

Residence Exclusions

These are particularly common when the protected person is in a domestic relationship with the restrained person and resides in the same home. They require the restrained person to move out upon service.

How to Respond to a Restraining Order if You’ve Been Served

During contentious divorces or child custody disputes, it’s common for one party to have a restraining order filed against the other, even in the absence of abuse or violence. That’s because the bar for receiving temporary emergency protective orders is fairly low. The petitioning party must only show a “credible threat” for their safety. It’s important to remember that if you are served with an Orange County restraining order, you can tell your side of the story in a formal hearing. In the meantime:

• Sign for receipt of the restraining order. 
• Read the conditions of the restraining order. 
• If you have been removed from your residence, contact the police to escort you to pick up personal property. 
• Do not contact the protected person and ask them to remove the restraining order or to drop domestic violence charges. 
• Contact an Orange County restraining order attorney to discuss your options. 

Remember that violations of restraining orders can result in additional criminal charges that are independent of any past incidents that may have occurred between you and the protected party.  

How an Orange County Restraining Order Attorney Can Help

Restraining order lawyers can help restrained persons understand the terms of their injunctions and represent them in the Orange County courts. Based on the evidence presented, restraining order attorneys can move to have the order dismissed or modified.

Restraining orders often impact divorce proceedings and child custody issues, particularly when there are allegations of domestic violence. Contact the Kaufman Steinberg law office today if you’ve been served with an Orange County restraining order, or seek one. 

Frequently Asked Questions About Restraining Orders 

These are some of the most frequently asked questions by clients who have been served with a restraining order. If you have questions about your case, call Kaufman Steinberg LLC to speak to a restraining order attorney. 

What are the penalties for violation of a restraining order in California?

If you are convicted of violating a restraining order, you could be subjected to potential arrest and possible jail time

Will filing a restraining order help my divorce or child custody case?

You should only file for a restraining order if you’re a victim of domestic violence, you’re in an abusive intimate relationship, you’re the victim of elder abuse, you believe you’re in imminent danger of bodily injury, etc. Without a well-founded reason and supporting evidence, you could end up hurting your credibility and harming your case. Don’t hesitate to file a restraining order if you believe you require one, but don’t file one if you don’t believe you need it. An Orange County divorce attorney can provide you with guidance.   

Orange County Restraining Order Attorney 

We represent prosecuting and defending parties in restraining order cases. To speak to one of our restraining order attorneys about your case, contact our law office today!