Call law enforcement first. That is the order of operations, and it does not change: a restraining order attorney can secure the protection the court provides, but the court is not who you call while something is happening.
Domestic violence affects men, women and children, and restraining orders are often needed to protect people from physical, verbal, emotional or psychological abuse during family law disputes. If you or your children have suffered violence, abuse or threats from a spouse, a former dating partner, your children’s other parent or a close blood relative, contact law enforcement and then call us.
We Help You Get Protection
California law provides for three different types of restraining orders:
- Emergency Protective Orders—issued by law enforcement in cases where there is immediate danger to the victim and valid for 5 days
- Temporary Restraining Orders—issued by the Family Court and valid for 21 days
- Permanent Restraining Orders—upon the expiration of a Temporary Restraining Order, the Family Court will hold a hearing to see if a Permanent Restraining Order should be issued for up to 5 years
Depending on the specifics of the situation, these restraining orders can put a variety of limitations on the restrained person. “Keep-Away” restraining orders that prevent the restrained person from coming within a certain distance of the protected person or visiting their home or workplace are very common. In cases where the restrained person and the protected person live together, we can ask for a “Move-Out” order that will make the restrained person leave the home. This kind of order is sometimes needed in divorce or separation cases.
At The Law Offices of Alejo Lugo & Associates, we understand the process for securing restraining orders in detail. As your family law attorney, we will help gather evidence supporting your need for protection and then make sure you are fully prepared for your hearing. We’ll handle all the paperwork and do everything in our power to make this process easy on you.
What To Do If Someone Wants a Restraining Order Against You
Being served papers for a restraining order can be shocking and upsetting. It’s important to remember that you do have certain rights at this time. You have the right to hire an attorney and have them present with you during the restraining order hearing. You should contact an attorney like Alejo Lugo who is experienced with restraining order hearings right away. The earlier you contact us, the more time we will have to investigate your case, gather evidence showing that the permanent restraining order is not necessary, and formulate our arguments for your hearing. We understand the tremendous impact an unfair restraining order can have on your life and your family relationships, and we will work hard to protect you.
Call Now for a Consultation
If you have questions about restraining orders especially as they pertain to other family law issues please do not hesitate to contact us at (800) 497-0018. The initial consultation can be in English or Spanish.