Do I Need a Los Angeles Lawyer to Get a Domestic Violence Restraining Order?

December 7, 2011

If you have been injured by someone you are close to and have a trusting relationship with, you may need to file a Domestic Violence Restraining Order. A Domestic Violence Restraining Order (DVRO) will protect you from a person who is abusing or harassing you, and if they violate the order, they could face legal consequences.

To get a DVRO, you must go to the right courthouse and file the right paperwork with the clerk. A Temporary Restraining Order will be issued. This TRO will only be good for 2 weeks, at which point a hearing will be set. Before the Judge makes a ruling, and issues a Permanent Restraining Order, the Judge must hear arguments from both sides. Issuing a DVRO against someone has serious consequences, and it is a decision the Judge must make very carefully.

When a person has a DVRO issues against them, they will be entered into a database which informs government agencies and others of the order. It remains on a person's record, and therefore, it is not something that can be issued lightly.

The DVRO also asks the court to make a decision on domestic violence taken between two people who share a close bond of trust. The court is getting involved on private matters and must tread carefully.

At the hearing, the Judge will ask that you present the facts that warrant a DVRO be issued. The evidence presented will include testimony, pictures, documents and other items that would support your argument.

For example, lets say that Harry and Wendy are a married couple. One night, Harry comes home and is mad at Wendy and he hits her, and breaks the television and her laptop. Wendy immediately leaves the house, calls the police and files for a DVRO. The evidence that could be presented to help her case would include the police report officers may have written, pictures taken by either Wendy or the officers, testimony taken from the officers, or Wendy herself. If there were any witnesses, a neighbor who heard screaming or noise would also be able to testify. All evidence must be collected, witness's properly subpoenaed and a powerful argument prepared. If all supporting facts and presented properly, Wendy would have a strong case.

Gathering the facts, speaking to officers and preparing an argument that presents why the law should favor a DVRO is something an experienced Los Angeles Lawyer has handled on thousands of occasions. Someone who is not properly versed in the law may not prepare a compelling argument or properly present evidence. They may not even think of certain pieces of evidence that would strongly support their case. If a DVRO is denied because the argument was not properly presented, and cause exists, you may not be properly protected from harm.

When dealing with someone like your safety, and seeking protection, it is best to have an experienced expert help you so that you can ensure your case is presented to the Judge based on the facts and your life is kept safe.