Restraining Orders in California
Pasadena Restraining Order Attorney
The Schweitzer Law Partners serves to protect Pasadena residents from domestic violence and abuse. The main way in which our experienced lawyers fulfill this mission is by helping clients obtain restraining orders against abusive spouses, domestic partners, and other members of their family or household. Most individuals who suffer from abuse at home are hesitant or afraid to speak up about their situation, but our legal team encourages you to act in your own best interest. Searching for an attorney for a restraining order in Pasadena? Consult with a Pasadena restraining order lawyer from our firm today to discuss your case and learn how we can help you protect yourself with a restraining order.
How to Get a Restraining Order in Pasadena
If you are being abused and call the police, the law enforcement officer who responds to your call may be able to obtain an emergency protective order (EOP) from a judge right away, which will usually last for 7 days. If you are currently in a dangerous situation and need protection from an abusive spouse or family member as soon as possible, you can go to your local family law court and file for a temporary restraining order (TRO). You will fill out paperwork and explain your situation to a judge, who will then decide whether or not to issue an order, which will last for 20-25 days or until your hearing date for a permanent order.
To obtain a permanent restraining order against someone, you must file the necessary paperwork and have a court hearing scheduled for you and the individual from whom you need protection. You must both attend the scheduled hearing and present your cases, at which time the judge will decide whether or not to issue a permanent restraining order. These "permanent" orders actually only last for up to 3 years, at which time you can request another hearing for a new order. The important thing in each of these situations is to act quickly and to have excellent legal representation, so do not hesitate to retain a Pasadena restraining order lawyer from our firm if you are in need of a restraining order.
When Should I File a Restraining Order?
According to the LAPD's website, restraining orders are there to protect victims of civil and domestic abuse and/or violence—so people who feel threatened or fear that abuse will continue should file restraining orders right away. On the other side of this, restraining orders shouldn't be filed simply out of spite or revenge. In California, restraining orders are reviewed carefully and judges do not look favorably on restraining orders that are a waste of time.
Which Type of Restraining Order Needs To Be Filed?
There are several different types of restraining orders that an individual can file. A Civil Harassment Restraining Order is used to prevent harassment from neighbors, coworkers or other acquaintances, while a Domestic Violence Protective Restraining Order is a temporary measure that protects applicants for three weeks up to three years. Criminal Protective Orders, on the other hand, must be issued by a California District Attorney and pertain exclusively to active domestic violence cases. Finally, Emergency Protective Orders are issued by law enforcement agents and valid up to five days. Talk to your family attorney in Pasadena to figure out which kind of restraining order may be right for you.
What Happens After the Restraining Order Has Been Filed?
The point of restraining orders is to provide peace for the person who filed; legally, contact from the harassing party must stop immediately. Violation of a restraining order can mean jail time or further legal action from law enforcement. Communication after restraining orders have been filed is key. Letting close friends, your attorney, your family and, most importantly, the police, know if the respondent has contacted you is vital.
Penalties for Restraining Order Violations
It is a crime to disobey a restraining order that was taken out against a person because of domestic violence. California Penal Code § 273.6 states that any intentional and knowing violation of a protective order is punishable by a maximum fine of $1,000 and/or a sentence of up to one year in the county jail. If injury is inflicted due to the violation, the fine increases to a maximum of $2,000 and the jail sentence includes a minimum sentence of 30 days.
Contact Our Restraining Order Lawyer in Pasadena, CA, Today
Need an attorney for a restraining order case in Pasadena? For the past 16 years, the Schweitzer Law Partners has built a reputation as Pasadena's premier family law firm, and our attorneys have over 55 years of collective experience. Our seasoned litigators have recorded more than 20,000 courtroom hours and have the experience to fight for satisfactory results. Our attorneys are approachable and welcoming, yet capable of providing the persuasive and aggressive representation you need when presenting your case to a judge. Contact our firm today to set up a consultation with a Pasadena restraining order attorney who can help you obtain a restraining order for your protection or the protection of your child.
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