California Restraining Order Lawyer

Criminal Defense Lawyer in California

Restraining orders are court orders requiring a person to cease contact, abuse, stalking or other accused behaviors.  These court orders can be “temporary,” in effect for days, or they can be “permanent,” lasting up to five years.  The attorneys at Lieber Williams & Labin can help you if you have had a restraining order filed against you. There are three major types of restraining orders:

• EPO – Emergency Protective Order – May be issued by a law enforcement officer at any time and lasts up to 5 days. When children are involved, the EPO allows for the victim to receive temporary custody.
• DVRO – Domestic Violence Restraining Order – Issued by a judge first as a temporary restraining order effective until your next court date.  The next court date involves a hearing at which a judge makes a decision whether the order should be cancelled or continued.
• CHO – Civil Harassment Restraining Order – Filed against a person who is not a family member of the complaining witness.

All restraining orders are public records.  Thus, having an individual take steps to petition the court for an order against you can have dramatic effects on your family and social life.  Moreover, restraining orders, especially temporary restraining orders are routinely granted without regard for whether the accusations the petitioner is making are true.  Most judges will grant a temporary restraining order “just in case” what is being said is true in order to avoid being the judge who denied a restraining order to a person who later becomes a true victim.  The same is true at the follow-up hearing, i.e., judges will often make a “temporary” restraining order “permanent” to avoid the negative publicity that would occur if it turned out what the petitioner/accuser is saying were true.  Obviously, this is patently unfair to the individual fighting the restraining order, because they have to deal with the social stigma of having a restraining order granted by a court against them, in addition to having such an order on their record.  This is why it is essential to have an attorney experienced in handling these matters who will go into court and aggressively fight the accusations being made.  Only a thorough, prepared approach by a seasoned attorney will overcome the judge’s desire to grant the order as a “precautionary” measure.

In some cases, a court order of this type could result in you having to move out of your home, or lose ability to see your children and other serious consequences.  For example, if someone at your place of work obtains a civil harassment order against you, you could potentially be fired from your job. 

California Restraining Order Attorney

Do not make the mistake, as so many others do, of assuming that because the assuser’s allegations are false that the truth will prevail.  Unfortunately, Courts have little regard for “the truth” when issuing these orders.  Instead, most judges will “err on the side of caution,” and grant the order.  It is easy for a judge to somewhat arbitrarily decide in favor of the person seeking the order because the likelihood of being overturned on appeal is so low in these cases.  Thus, fighting a restraining order must be done strategically and aggressively by a professional who is experienced in making presentations to the Court.  The legal team at Lieber Williams & Labin is aware that a restraining order carries potentially devastating and embarrassing consequences.  We are also well aware of the emotionally-charged nature of the issues that often surround theses cases.  That is why you will be treated by us in the compassionate and non-judgmental manner that you deserve. 

It is possible for your attorney to be zealously aggressive in the courtroom and still provide you with the non-judgmental and caring advice that you need during this difficult time.  Contact a California Restraining Order Lawyer at Lieber Williams & Labin.  Call us right now.  An attorney will answer the phone, give you a FREE CONSULTATION, and provide you with the defense you need if you have had any type of protective order taken out against you.