A temporary restraining order is almost automatically issued when someone calls 911 to report domestic violence or when a victim seeks relief in family court. This will be followed by a hearing on whether to continue the protection in a permanent restraining order. It is critical to have experienced legal representation in these proceedings to make sure that your story is heard and believed.

The Law Offices of Teresa Beyers represent victims of domestic violence in obtaining ex parte protective orders and making those orders permanent when there is a continuing threat of harm. We also represent men and women who are falsely and unfairly subjected to restraining orders out of spite or as leverage in contested divorce and custody proceedings.

What is a Restraining Order?

A restraining order is a type of court order that protects a victim of physical abuse, harassment, or stalking from their alleged abuser. Restraining orders can also be issued in cases where there is a threat of violence. A restraining order prevents the restrained person from contact with the victim of abuse.

Advocates For Victims • Advocates For The Wrongly Accused

We never take domestic violence lightly. Teresa Beyers is an experienced and compassionate family law attorney who will aggressively represent victims of domestic abuse and assault in the family courts of Los Angeles County. If you or your children are in danger, you should contact the police immediately. If you have been assaulted or want the abuse to stop, we will go with you to court to seek a restraining order.

When a California court grants a temporary restraining order:

  • The person is removed from the home or not allowed to return home.
  • The person cannot have any contact with the victim, in person, by phone, email or text message, or through third parties.
  • The person cannot have any contact with his or her children.
  • Violation of the order is a criminal offense and may result in additional restrictions in the order.

The subject of a temporary restraining order is not given any advance notice or allowed to object. A hearing will be held within a few weeks on whether to terminate, modify or continue the restraining order. It is important to retain a lawyer as soon as possible to challenge a permanent restraining order or at least fight for contact and visits with your children.

 

Restraining Orders Help Victims of Abuse Stay Safer

A restraining order is usually issued in cases of domestic violence where the person being restrained is part of a close relationship with the victim of the abuse. Close relationships are generally between couples who are married, divorced, separated, or in a domestic partnership. A close relationship may also exist between two people who are dating or who dated in the past or who live together or have a child together. Domestic abuse can also occur between family members or between in-laws.

In addition to preventing physical and other types of contact between the alleged abuser and victim, a restraining order helps keep the victim safe in other ways. Depending on the circumstances, a restraining order can include terms regarding personal conduct, so the abuser cannot destroy the personal property of the protected party. 

A restraining order may also require the restrained person to:

  • Avoid owning or possessing a gun.
  • Pay child and/or spousal support.
  • Keep away from your pets.
  • Pay specific bills.
  • Avoid changing insurance policy details.
  • Avoid incurring large expenses (if the couple is married or in a domestic partnership).
  • Participate in and complete a year-long batterer intervention program.

Keep in mind that a restraining order cannot end a domestic partnership or marriage, and it cannot be used to establish paternity in most situations. 

Restraining Orders Against the Wrongfully Accused

A restraining order undermines your relationship with your children and has an adverse bearing on family court proceedings. If the court deems that you are abusive or violent, you are less likely to get shared custody and you might be limited to supervised visitation. Even spousal support, child support, and property division may be influenced by the existence of a restraining order.

If you have a restraining order against you, the California courts advise that you read the order carefully and understand its provisions. If you disobey a court-issued restraining order, you can go to jail. You can also be fined. Be sure that you steer clear of any and all protected individuals and places named in the restraining order. 

Once you are served with a restraining order, you are prohibited from owning, possessing, or having a firearm or gun while the restraining order is in effect. This means that if you have a gun, you must surrender it to the police or sell it. 

You will receive a Notice of Court Hearing, and it’s important that you attend your court hearing. Our Los Angeles restraining order attorney can go with you to this hearing. If you do not attend this hearing, then you will not get a chance to tell your version of what happened to the judge. Remember, a restraining order can last for up to five years, so it is crucial that your voice is heard. 

Moreover, if you are not present at the hearing, you will have no input into any orders issued regarding your children or support payments to your children or partner. File an answer prior to your court hearing if you want to have your story told. The Law Offices of Teresa Beyers can help you with filing your answer. However, even if you do not wish to file an answer, it is imperative that you attend your hearing. 

Contact The Law Offices Of Teresa Beyers

Our Los Angeles restraining order attorney practices in family law throughout Greater Los Angeles. We offer a free initial phone consultation and after-hours and weekend appointments.

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