How to File a Restraining Order in Los Angeles
If someone is harassing, threatening, or acting violently toward another person, the victim can seek a restraining order against them. When the abuser is a member of the same family or household, a domestic violence restraining order can be placed to keep them away from the victim and their loved ones.
At The Law Offices of Omar Gastelum and Associates in Los Angeles, our dedicated and knowledgeable lawyers can help you file a restraining order. When it is safe, contact our office today to speak with one of our attorneys about your situation.
Restraining Order Protections in Los Angeles
A restraining order in Los Angeles can protect you and any children under the age of 18 who live with you from actual or threatened violence by a family or household member. This can include a spouse, current or former dating partner, parent of a shared child, a person related by blood or marriage, or a person who lives or used to live in the home.
This type of order can protect you if an abuser is threatening or has acted on the following:
- physical violence
- sexual assault
- attacking, striking, or battering
- making threatening phone calls
- destroying private property, and
- disturbing the peace.
What Can a Restraining Order Do for California Victims of Domestic Violence?
The judge in the case can order protection for you and your loved ones in many different ways. A restraining order can:
- make a person leave the household
- prevent them from entering the home, school, business, or place of employment of the victim and their loved ones
- award the victim child custody
- keep the abuser from molesting or interfering with children in the victim’s custody
- order the abuser to pay child support if they are a parent, order counseling, and
How to File a Restraining Order in Los Angeles County
With the help of an experienced Los Angeles attorney, a person in fear for their safety and the safety of their loved ones can ask the court to issue the order. A temporary order can be requested if someone is in immediate danger and in need of protection right away. This order does not require the abuser to be present and can last up to 15 days or when a full hearing takes place, whichever is sooner.
A domestic violence order after a hearing can be issued by the court after a full hearing where each side is allowed to present evidence to the court. A knowledgeable lawyer is critical for this hearing, as they know how to make the best possible arguments for a long-term restraining order. If granted, a restraining order after a hearing can last up to five years before it needs to be reviewed. The court can then extend the order for another five years, or permanently if there is a reasonable suspicion that the abuser will take up their prior behavior once the order ends.
Trusted Domestic Violence Attorney in the Greater Los Angeles Metro Area
If you are the victim of abusive behavior, The Law Offices of Omar Gastelum and Associates are here to help. Call the office or contact us online whenever it is safe to speak with a lawyer that can help you get the restraining order you need.