While restraining orders can provide necessary protections for many individuals, some people may use these orders to their advantage for a variety of reasons. Having a restraining order unfairly filed against you can be alarming and may leave you fearful of the legal consequences. Fortunately, with the help of a skilled Los Angeles protective order defense attorney, it is possible to defend against unjust allegations and protect your rights under the law.
If you or a loved one has been served with a restraining order, it is important to understand the legal implications as well as the strategies available to defend your rights. At Diaz Law Firm, our experienced Los Angeles restraining order defense attorneys are committed to helping you navigate the legal process and resolve your case as quickly and peacefully as possible. To learn more about how we can help, consider contacting us at (626) 261-0402 today.
About Diaz Law Firm
Founded out of a desire to offer more compassionate and equitable legal services, Diaz Law Firm has become the go-to law firm for individuals who feel left out of the legal system. We strive to heal and rebuild our clients’ lives by helping them navigate their legal issues as peacefully and seamlessly as possible. While peaceful resolution is our foremost goal, we are ready to dig in and resolutely fight for our client’s rights when necessary. When you work with a Diaz Law Los Angeles protective order defense attorney, you can expect an experience shaped by our core values:
- Equality. We treat every individual with the utmost care and respect, ensuring that they feel like an equal participant in the process.
- Partnership with Justice. Our practice is centered around justice and the pursuit of fairness. Being unfairly accused of unlawful behavior is intimidating, and we will relentlessly pursue justice on your behalf.
- Peace. Resolution is our goal, and we will work diligently to restore peace in your life after a trying legal matter.
- Self-Criticism. We actively seek out new ways to improve the systems and practices that we use to serve our clients. In this way, we are able to continuously offer high-quality legal services.
How to Defend Against a Restraining Order
If a restraining order has been filed against you, it is imperative that you understand the terms of the order and the legal implications associated with it. First, ensure that you read the order carefully to ensure that you do not violate it. Violating a temporary restraining order will make it much more difficult to fight a permanent order. Know when the court hearing is scheduled and how to submit response papers, as necessary.
Then, consider contacting a knowledgeable Los Angeles restraining order defense attorney to review all the allegations and evidence associated with the order. Your attorney will work with you to develop a legal strategy to defend your rights during the process. Some potential options that may be available for your case include:
- Appealing a restraining order—Once the protective order has been put in place, you have 60 days to appeal the order. A Notice of Appeal must be filed on time or the appeal will be dismissed.
- Dismissing a restraining order—A Request for Dismissal (CIV-110) can be filed to dismiss or cancel the order. It is important to note that only a judge can dismiss the order, so it is necessary to include compelling evidence that disproves the allegations set forth in the protective order.
Frequently Asked Questions
As a premier Los Angeles law firm with a proven record of success, we often receive questions from current and prospective clients who are struggling with tough legal issues. Some of the most frequently asked questions that our team of Los Angeles restraining order defense attorneys receive include the following.
Does a Restraining Order Go On Your Record?
In California, restraining orders do go on your record. The extent to which a protective order impacts your record, however, depends largely on the type of restraining order, the circumstances of your case, and whether the order was violated. A permanent restraining order, which often lasts for several years, can be more impactful on your record than a temporary restraining order, which will stay on your record for no more than a few weeks. Nonetheless, a restraining that has been filed against you can remain on your record for years after the expiration date.
Violating a restraining order is one of the largest mistakes that individuals make in regard to their records. According to California Penal Code Section 273.6, any violation of a protective order is considered a criminal offense in California. The offense is often charged as a misdemeanor, and having this criminal charge on your record can greatly impact your employability, housing, immigration status, and professional licenses.
Your Los Angeles protective order defense attorney can provide further information regarding how a restraining order will impact your record and the steps you can take to lessen the legal consequences of the order.
Are Restraining Orders Public Records?
In the majority of cases, restraining orders are public records in California. This does not necessarily mean that your record will be broadcasted publicly, however. Rather, an individual who wishes to view details of your restraining order will have to request the order from the court clerk of the county where it was issued and pay all fees associated with copying and processing it. Information related to your restraining order will not be published or posted publicly.
It should also be noted that employers, leasing agents, and banks may be able to view your restraining order when conducting a background check. While most background checks look for criminal charges, agencies who pay to run a more thorough check will indeed see the restraining order as well.
Can a Restraining Order Be Expunged in California?
It is incredibly difficult to expunge a restraining order in California. The order will remain on your record unless it has been determined that the order was issued due to false allegations or if there is new evidence that impacts the court’s decision. In these cases, it may be possible to petition the court to remove the restraining order from your record entirely.
Hiring a Los Angeles Protective Order Defense Attorney Near You
Having a restraining order unfairly filed against you can be an incredibly stressful situation, perhaps leaving you feeling hopeless and unsure of where to turn for help. Fortunately, there are proven and effective legal strategies for fighting unjust protective orders. If you believe that a restraining order has been unfairly filed against you or a loved one, our Los Angeles restraining order defense attorney is here to help. To begin crafting your defense strategy, consider contacting our office at (626) 261-0402 today.