California Restraining Order Attorney
There are two types of restraining orders in California – civil restraining orders and domestic violence restraining orders. A civil restraining order can be acquired when a person a files paperwork at the courthouse. A domestic violence restraining order can be acquired in two ways – either by filing paperwork at the courthouse or pursuant to domestic violence case.
There are three main differences between a domestic violence restraining order and a civil restraining order. First, a domestic violence restraining order can only be issued when the parties are romantically involved or had a romantic relationship in the past. A civil restraining order is issued between all other types of parties, i.e. friends, neighbors, co-workers, etc.
Second, the standard of proof is lower for domestic violence restraining orders than civil restraining orders. In domestic violence restraining order cases, the standard of proof is by a preponderance of the evidence. In civil restraining order cases, the standard of proof is by clear and convincing evidence.
Third, if a domestic violence restraining order is granted, it usually lasts for a minimum of three years. The length of a civil restraining order depends upon the discretion of the judge, and can last for any period of time up to a maximum of three years.
Restraining Order Process
These orders must be filed at the appropriate courthouse. For example, in Orange County, most restraining orders are filed at the Lamoreaux courthouse in Orange. The restraining order paperwork must be served on the defendant. If the court believes that the complaining party is in imminent danger, the judge may issue a temporary restraining order that will last until the date of the hearing. Hearings are always required in restraining order cases and are usually heard within three weeks of when the paperwork was filed. In order to prove their case, the complaining party must show either violence, the threat of violence or a pattern of harassment.
Our law firm is adept at prosecuting and defending restraining orders. Whether we are assisting the petitioner or defending the respondent, our attorney is fully prepared for the restraining order hearing. Our restraining order law firm does all the research necessary to defend your interests. We interview witnesses, negotiate with opposing counsel and build a compelling case for the judge.
The Right Lawyer
With offices in Newport Beach, Beverly Hills, Riverside and Rancho Cucamonga, Fred Thiagarajah has criminal defense experience in Orange, Los Angeles, Riverside and San Bernadino Counties.
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