Chino Hills Restraining Order Attorney
If it feels like your personal safety and that of your family requires a Temporary Restraining Order (TRO), or you personally have been unjustly served with a Temporary Restraining Order, then you need to contact a professional Los Angeles Restraining Order Attorney right away. Hiring a lawyer greatly increases your chances of success in dealing with one either way. Rossana Mitchell has been handling restraining order cases in Chino Hills and Los Angeles for years and knows how to take care of her clients.
The Law Offices of Rossana Mitchell can represent you when you need it most to protect yourself and your Rights.
After being served with a TRO or Temporary Restraining Order, you have only a brief window of opportunity to act before it becomes permanent. If you fail to take action against the Temporary Restraining Order, then you risk losing many of your personal Rights. This includes but is not limited to your Right to pick where you live, your Right as a parent to see your kids, and finally your Right to have or purchase a firearm.
The Four Different Restraining Orders
As it is, there are four different types of restraining orders on a basic level under California Law that are as follows:
- Civil Harassment
These restraining orders are generally inserted against acquaintances such as neighbors, roommates, fellow associates at work, or extended family members. (Not for Domestic Disputes.) These are simply called Civil Harassment Restraining Orders.
- Workplace or Commercial
This type of restraining order is typically used by an employer intending to protect their employees and property from violence in the workplace. These are generally called Workplace Restraining Orders.
- Domestic Violence
The Domestic Violence Restraining Orders are by far the most common of all four types of restraining orders. They are also some of the hardest to fight or get without a lawyer. These are directed at spouses, significant others, domestic partners or former spouses, particularly after a domestic dispute has occurred but not always.
- Elder or Dependent Adult
Though not as common as the other three types, Dependent Adult or Elder Restraining Orders are still put in place on a regular basis in Chino Hills and Los Angeles. These are meant to protect the elderly (65 and older) from being taken advantage of, neglected, or deprived of basic human rights.
Three Levels Of A Restraining Order
A restraining order can be of three different levels of protection for the filer against another individual.
- Permanent Restraining Order
Starting with the most serious, a permanent restraining order is generally issued after a judge weighs all the facts presented for and against it. This level of restraining order can last half a decade but needs an extension following the end of that time period. Once this decision is made by a judge, it is incredibly hard to fight it as the defense or have it removed as the filer.
- Temporary Restraining Order or TRO
While these are not permanent restraining orders, they can definitely become one. Typically, the prosecution will ask for a TRO pending the results of a domestic violence trial. These restraining orders have one sole purpose, to protect the alleged victim until the conclusion of a domestic dispute case or until a hearing to produce a permanent restraining order is held.
- Emergency Protective Order
This is the first part of the process of obtaining a permanent restraining order. This one is if someone feels they need interim protection prior to a case starting or before a hearing for a temporary restraining order. In some cases, a law enforcement officer responding to domestic violence can ask for an Emergency Protective Order. This is only good for a period of a week at a time.
How Are Restraining Orders Served?
When the Los Angeles County Court System grants temporary restraining orders, it is required that the individual named on the order be served before it becomes active, so that they are aware of the restrictions in the first place.
Such information as date and time of the TRO hearing will be listed in the order, as well as the reasons stated by the filer. The respondent, or the person served with the order, is generally given between ten and twenty days to respond to the allegations listed in the restraining order. The paperwork for the restraining order can under no circumstances be mailed to the respondent. They must be presented in person to them either by a process server or a police officer.
Violation Of A Restraining Order
Let us just suppose that you were served with a restraining order and then were found to have violated the terms of that restraining order. You are then charged with violation of a restraining order, which is not considered a small crime. In order to uphold a conviction against you, a prosecutor must prove without a doubt that the elements following California Penal Code 273.6 are true:
- A judge followed proper procedure issuing the restraining order.
- You were actually aware of the restraining order, as well as understood all terms and conditions.
- That you were originally able to abide by the order, as in the order was reasonably written, in a just, non-prejudicial way that does not violate your liberties.
- Finally, that you either intentionally or purposefully violated the terms of the order.
When a restraining order violation is purely an accident, you can’t be lawfully convicted of a violation of a restraining order under California Law.
If you have violated a restraining order, all circumstances and facts of the case are taken into account by the prosecutor. If the person the restraining order is against has a criminal history, especially previous restraining order violations, then it is likely to be charged as a felony. It is also likely to be charged as a felony if the person under protection by the restraining order is injured or suffered property damage.
The Possible Penalties After A Restraining Order Violation
- First Violation
On the first occurrence of a restraining order violation, your attorney might get you off with secure supervised probation for you personally, rather than spending time in jail. However, during this probation, you must not violate any law in the State of California or any other law in any other state. You may also have to pay the victim restitution, be forced to attend counseling, or make payments to a charity such as a battered women’s shelter.
- Second Violation
If you violate the restraining order a second time, it will have much more serious consequences. Even if the charge is a misdemeanor, you may spend up to six months in jail, especially within a twelve month period. A felony charge at this point could result in
Gun Rights With A Restraining Order
It is very important to note that you may not own a gun with a restraining order against you in the State of California. You must either surrender it to law enforcement or immediately sell it to a licensed gun dealer in the State of California. Failure to comply with this could mean time spent in a State Prison and have to pay fines up to $1000.00.
Don’t Wait To Contact An Attorney
Calling the Law Offices of Rossana Mitchell in Chino Hills is the smartest thing you can do no matter what stage of this process you are in. There are defenses from a wrongfully imposed restraining order and a Los Angeles Restraining Order Lawyer can help you find them. As per obtaining a justly needing restraining order, it is far simpler to get one with the right evidence, and the right lawyer.