A Domestic Violence restraining order is a Civil Protection Order that grants protections to both males and females from abuse. It is an order granted by the civil Judge, so that if the abuser violates it's terms, they could face serious legal consequences.
A domestic violence restraining order is broad, but for it to be a domestic violence restraining order, there must be a relationship between the person filing for protection and the alleged abuser. The relationship can be between a current or former spouse, boyfriend or girlfriend, the mother of father of your child, someone you live with, or someone you are related to through blood or marriage.
If the relationship shared between the person asking for protection and the person being served with the restraining order falls into one of the above mentioned categories, the restraining order will be of domestic violence. The court takes very seriously any allegations involving abuse within a home, between two people that share a close relationship that involves a blood or intimate relations. The reason is because that person is a person with whom you have indefinite trust, and whom you should feel safe and secure with. Therefore, when there is abuse in a trusting relationship, it is taken very seriously by the Courts.
The actions that give rise to a restraining order are also extensive. There are certain situations that qualify for a Los Angeles domestic violence restraining order. If the person causes or attempts to cause a person injury, sexually assaults the other, causes you to fear that you will suffer immediate harm or irreparable injury, attacks or stalks another, threatens, or harasses another or destroys their personal property or even causes any other injury, they may be given a Restraining order.
The Judge will issue a Temporary Restraining Order that will protect you for 2 weeks, at which point a hearing will be set. The purpose of the hearing is to present both sides of the argument and for the Judge to either order a permanent restraining order or dismiss the case.
The argument presented must demonstrate that there is an immediate and actual harm. It is important that the person testifies is honest. If a restraining order is entered against you, it will go into a database known as CLETS. This is not the ideal situation, because it is accessible by all government agencies and other institutions that may want to see. It could potentially cause harm to your reputation or credibility when applying for a job, school or other things.
An experienced Los Angeles Criminal Defense Lawyer has dealt with many domestic violence cases, and is all too familiar with restraining orders. The final order is based on persuasive argument and presented evidence. It is important that you have a knowledgeable expert presenting your argument to assure no restraining order is entered against you.
