Los Angeles Defense Lawyer Explains Orders of Protection
Guidance from a California domestic violence attorney
An order of protection, also known as a restraining order, can prevent you from seeing your children, staying in your home or possessing a firearm. Protective orders are commonly issued in domestic violence cases. The moment you find yourself accused of domestic violence, seek legal counsel. When you retain the Law Offices of Arash Hashemi, you benefit from the experience that comes from more than 10 years of practicing law in Southern California. Our firm swiftly reviews your case, provides you with an honest assessment of the evidence against you and builds you a strong defense.
What do restraining orders do?
People who are being sexually or physically abused, threatened, harassed or stalked typically seek protective orders. An order of protection can stop specific acts like harassing phone calls, text messages or disturbing the peace of the protected person. A restraining order may also require a restrained person to keep a certain distance from the victim and his or her children, as well as from the victim’s home, workplace, school and children’s school. In domestic violence and elder or dependent adult abuse cases, a protective order can require an alleged abuser to leave a residence, taking only clothing and personal items, until the court hearing on the protective order.
Types of orders of protection
In California, a person may ask for one of the following types of restraining orders:
- Domestic violence restraining order — A person may ask the court for a domestic violence restraining order if he or she had a close relationship with or was closely related to the abuser.
- Elder or dependent adult restraining order — This type of protective order may be requested by victims 65 or older or by victims aged 18 to 64 who have certain mental disabilities.
- Civil harassment restraining order — People who are harassed, stalked or threatened by strangers can file a civil harassment restraining order.
- Workplace violence restraining order — An employer can seek a workplace violence restraining order to protect an employee who suffers stalking, harassment or serious threats of violence on the job.
Violating an order of protection in California
Violating a court-issued restraining order is a crime. The penalties for violating a protective order depend on the extent of injury and abuse suffered by the victim and your criminal history, specifically in relation to domestic violence and violent crimes. If the state charges you with a misdemeanor, you face a maximum of one year in county jail. If, however, you face felony charges, you could receive three years in state prison.
Let an experienced lawyer build you a solid defense
If you are the subject of a protective order or have been accused of violating a protective order, let the Law Offices of Arash Hashemi fight for you. Schedule an initial consultation by calling (310) 448-1529 or by contacting us online. Our office is in Los Angeles in the Westside Towers, and within minutes of Santa Monica, Brentwood, Beverly Hills and Westwood. We have flexible office hours, and we will visit you in jail to discuss your case.