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Temporary Restraining Orders

Temporary Restraining Orders

Los Angeles TRO Defense Lawyers

A domestic violence restraining order is issued by the court in response to an alleged victim’s petition or a criminal arrest. The order places certain strict conditions on the defendant, called a respondent in the civil family law system. A defendant who violates an order faces potential jail term and a criminal history. An emergency protective order (EPO) expires in seven days, and a temporary restraining order (TRO) usually lasts for 20 to 25 days. By not taking action, the temporary order against you may become permanent for up to three years.

Founded in 1989, the law firm of Takakjian & Sitkoff, LLP is dedicated solely to criminal defense. As former prosecutors, we’ve seen countless wrongfully accused defendants suffer the severe restrictions imposed by domestic violence restraining orders. Do not let this happen to you. Get the help you need from our experienced legal team.

Who is subject to a domestic violence restraining order?

Either the family law or criminal court can issue a restraining order against a person accused of abuse or threat of abuse if the alleged victim and the accused have a close relationship, such as:

  • Marriage or registered domestic partnership
  • Former marriage or registered domestic partnership
  • Current or former romantic or dating relationship
  • Parents of a child together
  • Cohabitating couple
  • Blood or legal relative — such as parent, child, sibling, grandparent or in-law

How restraining orders are filed?

The alleged victim of domestic violence files a petition with the civil clerk of court. An arrest for spousal/partner abuse, child abuse, battery or other domestic violence charge can also trigger the process. The court may issue an immediate temporary injunction based only on the victim’s statement or the police report — and often with little other evidence. The judge then considers whether a permanent order is justified at a hearing on the matter.

What are the terms of a protective order?

A restraining order imposes harsh domestic violence penalties that have profound impacts. If the court issues an order against you, you’re prohibited from in-person, telephonic and electronic communication with the alleged victim. You are also required to remain a certain distance away from your accuser and may be barred from seeing your own children or only allowed to see them under supervision. If you live with the victim, you may be forced to leave your own home while still being required to pay the household bills. A domestic violence order can also affect your immigration status and your legal right to own a gun.

Get relief from the restrictions placed on you under a domestic protective order

We can work to remove the onerous restrictions placed on you under a domestic injunction. Call Takakjian & Sitkoff, LLP at 888-579-4844 or contact us online to make your free initial appointment with our experienced legal team. We’re available 24/7 and make home or jail visits.