Being served with a restraining order is an emotional time, as the confining mandate is often tied to where you live, and effects contact with the people you love — possibly even your very own children. At the Law Offices of Benjamin N. Sternberg, our Los Angeles, Sherman Oaks, Encino, Van Nuys, and Woodland Hills restraining order attorneys deliver a compassionate approach to restoring dignity and respect into what is often highly-charged and emotional circumstances. Our attorneys represent individuals who have been served with a restraining order and those who are seeking a restraining order against someone else.
Restraining orders can be instituted in family, civil, and criminal cases and no matter which form applies to your case, our skilled San Fernando Valley lawyer will provide the best representation available to counter these claims in our California courts. Benjamin Sternberg, our restraining order attorney, began his career in the Los Angeles City Attorney’s Office, and with the Office of the Los Angeles County District Attorney, which enable our office to provide our clients with the direct behind-the-scenes experience necessary to combat these orders quickly and effectively. In fact, our firm has a nearly perfect record of victories for our clients in this life-affecting area, allowing them to move on without any constraints from law enforcement officials or the court system.
Types of Restraining Orders That Can Be Obtained in Los Angeles, California
Restraining orders, also referred to as orders of protection, are supported by both the California Penal Code, the Code of Civil Procedure, and the Family Law Code, which means that depending on the type of order you were served or are serving, your court appearance may be in criminal, civil, or family court. We are heavily experienced in these practices, and provide the best outcome available for those who require protection, and those who have been served with protective orders.
The three main types of restraining orders in California include :
Emergency Protective Order, or EPO
An emergency protective order may only be requested by a police officer and is typically the result of a 911 call where law enforcement is responding to a domestic violence scene. If the officer believes the person is in immediate danger, he or she will ask a judge to issue the emergency restraining order to eliminate the threat from occurring.
Temporary Restraining Order, TRO
The next type of restraining order is a temporary restraining order lasts until a court hearing where evidence is presented seeking a permanent order or to quash such an order.
Permanent Restraining Order
An evidentiary court hearing must be held to issue a permanent restraining order. If you have received an emergency or temporary restraining order, you will need an attorney to accompany you to the PRO hearing to ensure your rights and best interests are protected.
Without an attorney fighting on your behalf, the judge may grant the permanent restraining order without giving you a proper legal review, or even hearing your side of the case.
If the permanent restraining order is granted, the length of time it covers can be life-changing :
- Domestic violence restraining order: Can last up to five years
- Civil harassment restraining order: Can last up to three years
Our Law Offices of Benjamin N. Sternberg focus on the following Practice Area:
- Contracts Law
- Business Law
- Criminal Law
- Domestic Violence
- Felony Law
- Drug & Possession Crimes
- Real Estate
- Family Law
Can I Represent Myself Against a Restraining Order in California?
It is important to know that while a permanent restraining order is not a criminal conviction, it is a matter of public record, and can appear on your record when searching for a job or when applying for a lease. In fact, it will even appear in an online search for anyone to uncover simply by accessing electronic public records.
There is no statute that precludes you from representing yourself in court. However, it is important to understand that the opposing party, the person who requested the restraining order, has already been in front of the court obtaining the temporary order, so the court has already heard their side of the story.
Opposing a restraining order is your legal right, and our Los Angeles attorney will provide a unique strategic defense that delivers the best outcome available in your case. The stress and emotional toll a restraining order places on our clients are overwhelming, and personal feelings may compromise their ability to present a strong argument before a judge. This is where we come in.
Restraining order cases are complex and require a thorough approach to overcome. Even if you have no plans to continue a relationship with the person who has served you with a restraining order, the mere existence of the paperwork can alter your life personally and professionally going forward.
At the Law Offices of Benjamin N. Sternberg, A.P.C., we provide each of our restraining order clients with clear and concise facts regarding their case, so each person knows exactly what to expect from their court appearance and how we plan to fight for their release from any court-ordered mandates.
What Should I Do If I Have Been Served with a Temporary Restraining in California?
- First: Contact our office so we can walk you through the legal process and provide you with detailed information on your upcoming court appearance.
- Next: Completely abide by the terms of the temporary restraining order, so there is no additional evidence that can be used against you during our court appearance.
- Third: To avoid incriminating yourself do not make any statements regarding your restraining order to law enforcement or court officials without your lawyer present.
- Fourth: Do not underestimate the court’s compassion and ability to side with the person who requested the restraining order. Listen to the advice of our attorney provides in full, so you are ready for the next step.
- Finally: Appear in court on time, and ready to answer any questions asked by the judge as you have been advised by your attorney. We will be with you every step of the way, and will counter the requester’s attorney, should s/he have one, with a professional approach that delivers results.
Our experienced restraining order attorney in Los Angeles will provide the representation you need to put this experience behind you and allow you to move forward with confidence and your credibility intact.
If You Have Been Served with a Restraining Order in Los Angeles, California Contact the Law Offices of Benjamin N. Sternberg, A.P.C.
Being served with a restraining order or would like to pursue an order against someone else, this can be an upsetting and confusing time that leaves you feeling as if there is nowhere to turn for help. If you have received a restraining order notice or require the protection of one, contact our Los Angeles lawyers at the Law Offices of Benjamin N. Sternberg, A.P.C. today at (818) 574-0860 to discuss the circumstances of the order, and how we can proceed with providing the best outcome available for your case, so you can get your life back.