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Restraining Orders
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Restraining Orders

Tyler & Wilson, LLP’s Los Angeles lawyers represent individuals seeking restraining orders as well as individuals responding to restraining orders petitions. Restraining orders in Los Angeles, San Bernardino, Riverside and Orange Counties are generally sought and issued to prevent a person from acting in a manner that may cause serious harm to another person or their property in the immediate future, such as overt threats to property, domestic violence incidents, neighbor disputes, and workplace threats. To obtain a restraining order in Los Angeles, San Bernardino, Riverside or Orange County, one must apply to the Superior Court asking that a temporary restraining order be issued. A temporary restraining order can be obtained almost immediately. Courts will routinely grant a temporary restraining order when the person requesting it is able to show that serious or irreparable harm is imminent. The terms of a temporary restraining order can include “stay-away” and “no-contact” orders. Once the court issues a temporary restraining order, the person who has threatened harm (the respondent) is entered into the statewide law enforcement data base (CLETS system) and has to comply with all of terms of the court’s restraining order to avoid being arrested. After receiving a temporary restraining order, additional action in the court is required to make the restraining order permanent.

Restraining orders can be necessary in high conflict domestic, divorce or child custody situations.  Unfortunately, however, sometimes individuals improperly seek a restraining order to gain leverage in a family dissolution or child custody battle. In family law there is a presumption against a person who has perpetrated domestic violence that he or she is not acting in the best interest of any involved child.  Also, where there is a finding by the court that the respondent is guilty of domestic violence, a family law court will presume that it is in the best interest of the child to be protected from the accused person.  This makes restraining orders ripe for abuse in this context.

If you are the petitioner seeking protection from the court or a respondent who is faced with a frivolous restraining order petition, you need qualified and professional lawyers who are able to help you successfully navigate the system. At the law firm of Tyler & Wilson, LLP, our lawyers are experienced in dealing with matters involving temporary and permanent restraining orders, domestic violence, child custody, and family dissolution matters.

 

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