Newport Beach Restraining Order Lawyer

Newport Beach Restraining Order Attorney

A restraining order, also known as a protective order, is a court order that prohibits one person from having any contact with another person. These orders are often used in cases of domestic violence, stalking, or harassment. They can also be issued to protect children or elderly individuals. It acts as a shield between the parties involved to stop further abuse or harm.

Quinn & Dworakowski, LLP: Your Newport Beach Restraining Order Attorneys

At Quinn & Dworakowski, LLP, we understand the sensitive and often complicated nature of restraining orders in Newport Beach. We believe in protecting those who need it most. Our attorneys are committed to providing effective and compassionate legal counsel in every restraining order case. We appreciate how life-saving these orders can be and work hard to ensure that your case is handled properly. Connect with us today to hear more about how we can secure your safety.

Reasons to Get a Permanent or Temporary Restraining Order in Newport Beach

A restraining order, also known as a protective order, is a legal tool that can be used to protect an individual from harm caused by another person. These orders can be issued by the Orange County Superior Court to prohibit one person from having any contact with another person. They can be either temporary or permanent and can be used in the following situations:

• Domestic Violence: A restraining order can be used to protect a victim from physical, emotional, and psychological abuse. The order can prohibit the abuser from coming into contact with the victim. It can also keep them from coming within a certain distance of the victim’s home, work, or school. The abuser will be forbidden from owning or possessing a firearm. It can also order them to attend counseling or treatment.
• Stalking: A protective order can defend a victim from unwanted harassment, following, or communication. The restraining order can prohibit the stalker from making any contact with the victim. It can also make them stay away from places where the victim lives and goes every day.
• Harassment: An order can offer protection from unwanted phone calls, text messages, emails, visits, or gifts. The restraining order can prohibit the harasser from making any contact with the victim. It can also force them to stay away from the victim’s home, work, or school.
• Elder or Child Abuse: A restraining order can protect an elderly person or a child from abuse or neglect. The abuser may be barred from contacting the victim. They may also be ordered to stay away from the victim under the terms of the restraining order.
• Protection of Assets: A protective order can keep assets from being transferred, damaged, or stolen by another person. This can include real estate, vehicles, bank accounts, and other assets.

A restraining order is a legal document and must be taken seriously. Violating it can result in criminal charges and penalties. If you feel you are in danger or are being harassed, it is important to seek legal assistance and the protection of the court.

Process for Securing a Domestic Violence Restraining Order

The process of securing a domestic violence restraining order in Newport Beach, California, can vary depending on the specific circumstances of the case. Generally, it follows these steps:

• Filing a Petition: The victim (also known as the petitioner) must file a petition with the Orange County Superior Court. The petition will describe the abuse and request a restraining order.
• Temporary Restraining Order (TRO): After the petition is filed, the court may issue a temporary restraining order (TRO) to protect the victim while the case is pending. The TRO can include provisions such as prohibiting the abuser from contacting the victim, ordering them to move out of the shared residence, or prohibiting them from owning or possessing a firearm.
• Serving the Abuser: The TRO must be personally served on the abuser (also known as the respondent). This can be done by a law enforcement officer or a professional process server.
• Hearing: A hearing will be scheduled within 21 days of the TRO being issued. At the hearing, both the petitioner and the respondent can present evidence and testimony.
• Permanent Restraining Order: After the hearing, the court will decide whether to issue a permanent restraining order. If granted, the order can last up to 5 years and include similar provisions as the TRO.
• Enforcement: If the abuser violates the restraining order, the victim can contact the police, and the abuser can be charged with a criminal offense. The victim can also return to court, where they can ask to extend or modify the order.

Best Ways to Work With a Restraining Orders Attorney

If you need to file for a restraining order in California, work with experienced Newport Beach domestic violence attorneys. Here are some tips for working effectively with a restraining order attorney:

• Be Prepared: Make sure you know the details of your case and have any documents that support it. This could include police reports, medical records, or text messages demonstrating the abuse. The more information you can provide to your family lawyer, the better they will be able to assess and advise on your case.
• Be Honest: It is helpful to be honest and straightforward with your lawyer about the details of your case. Even if you are embarrassed or ashamed of what happened, tell the truth so that your lawyer can effectively represent you. Any misinformation or misrepresentation could damage your case.
• Be Open-Minded: Your attorney will provide legal advice and counsel. However, it is ultimately your decision whether to accept their advice and proceed with the case. Be sure to consider all available options before deciding. Always keep in mind what is best for your safety and well-being.
• Ask Questions: Your lawyer is there to answer any questions you may have about your case. Do not be afraid to ask them for clarification so that you fully understand the process and your legal rights. Advancing with any insecurities or unclear expectations can be detrimental to your case and jeopardize your safety.
• Be Proactive: Once the restraining order is in place, make sure to follow it strictly and take any necessary steps to ensure your safety. Reach out to your lawyer for advice if there is any change in the situation or if you need additional help.

FAQs

Q: What proof do you need for a restraining order?

A: The petitioner must provide evidence of the abuse or threat of abuse. This could include police reports, medical records, text messages, emails, or other documents demonstrating the abuse. The court may also consider testimony from witnesses and the respondent. Evidence is important to prove that the respondent’s conduct constitutes abuse or a threat of abuse. Without sufficient proof that clearly links the respondent’s behavior to a threat of abuse, it is not likely a restraining order will be granted.

Q: How much does it cost to file for a restraining order?

A: When seeking a restraining order in California, the burden of proof required is “clear and convincing” evidence. This must demonstrate that the person receiving the protective order poses a danger to the petitioner. This attaches a higher obligation to the petitioner than the lower standard used in criminal cases, which requires only “beyond a reasonable doubt” evidence to prove guilt. An individual seeking protection must show concrete facts and actions demonstrating why they feel a restraining order is necessary. This can include proof of past incidents or eyewitness accounts that corroborate such events. Ultimately, it is at the courts’ discretion whether sufficient proof has been offered to grant a restraining order.

Q: Can you fight a restraining order in California?

A: In California, individuals can challenge a restraining order if they believe that the conditions set by the court are unnecessary or unfair. To do this, they must request an evidentiary hearing with the issuing court. This is usually done with a lawyer’s assistance to ensure all paperwork requirements are met and all applicable laws are observed. At the hearing, the individual has an opportunity to present evidence that supports their position. With effective legal counsel or representation, it is possible to make a persuasive argument for their case. Potentially, they may modify or even terminate existing restraining orders.

Q: How long does a restraining order stay in effect?

A: Generally, restraining orders are written for specific periods, with most lasting 1-2 years. The restraining order’s exact duration will depend on each case’s circumstances, including factors such as any previous threats or violent behavior. The expiration date of a restraining order must be reviewed. If it is still appropriate, it might need to be extended. If so, both parties must appear in court, and the petitioner must explain why an extension should be granted. If the threat has subsided, then one party can apply to have the restraining order removed prior to its expiration date.

Contact Quinn & Dworakowski, LLP, Today

Contact Quinn & Dworakowski, LLP, to discuss your legal options if you are considering filing or defending a restraining order. Our experienced team can help you understand the process and provide guidance and representation throughout. We are dedicated to advocating for the best possible outcome in your case and can work to protect your rights. Contact us today to start your consultation.