El Monte Restraining Order Lawyer

El Monte Restraining Order Attorney

If you have been served with a restraining order, then you may need to speak to an El Monte restraining order lawyer. Criminal defense attorneys understand how alleged victims may fabricate statements to harass you or undermine the public policy behind restraining orders. You have legal rights, and you can enforce them by seeking counsel and educating yourself regarding the procedural details of restraining order cases.

The criminal defense attorneys at Gibbons & Gibbons have years of experience assisting clients who experience fear and shock upon being served with a restraining order. You have the right to protect yourself, and our skilled team will be with you every step of the way as you navigate the laws related to restraining orders in California.

The Different Categories of Restraining Orders in California

Across the United States, approximately one in four women and one in seven men have experienced intimate partner violence in their lifetime. Suspects with prior arrests for domestic violence have a higher recidivism rate than other criminal suspects and are more likely to further commit acts of violence against intimate partners or those in the home.

Restraining orders are not uniform, and a variety of protective orders are codified under California law. The following are the most common types of restraining orders available to California residents:

• Civil harassment restraining orders
• Domestic violence restraining orders
• Temporary restraining orders
• Emergency protective orders

A civil harassment order is asserted against an individual who is not close to the person seeking the order. A claimant may seek a civil harassment order against a neighbor or co-worker. Temporary restraining orders protect a person until a hearing is conducted, during which a judge will decide whether to grant a permanent order. The temporary restraining order loses effect once the permanent restraining order is denied or granted.

Domestic violence restraining orders are asserted against a domestic partner or a spouse. A domestic violence restraining order is sought when a victim, or their children, has suffered abuse. Lastly, emergency protective orders last for a period of seven days. Law enforcement officers who respond to domestic violence calls may request an emergency protective order, which gives the victim time to obtain a permanent restraining order or a temporary restraining order.

Defending Yourself Against a Restraining Order

If you are the respondent in a restraining order filing, it is imperative that you seek legal representation immediately. If you violate a restraining order, then you risk serious legal consequences.

You should not destroy evidence or communicate with the individual who filed the restraining order. Also, do not speak to friends or family members of the filer. You should also not attempt to make physical contact with your spouse or your children after you have been served with a restraining order.

As you plan to defend yourself against a restraining order, you should do the following things:

• Collect witness statements from individuals who support your defense
• Gather evidence such as voicemails, emails, photographs, and text messages that support your factual assertions
• Abide by the instructions set forth on the face of the restraining order

It is necessary to follow the order exactly, and you should plan to attend all mandatory hearings and arrive early at court on the designated date. Working with legal counsel will help you remain calm, focused, and confident during the hearing. You do not have to live in fear as you await your hearing date.

Hire a Restraining Order Lawyer

The central location in El Monte for filing domestic violence restraining orders is the Rio Hondo Superior Courthouse, located at 11234 Valley Boulevard, El Monte, California 91731. The El Monte Police Department provides emergency protection orders to residents. Other area courthouses that handle restraining orders include the Pasadena Superior Courthouse and the Pomona Superior Courthouse.

Restraining order cases can be procedurally complex. You may need to defend yourself against a restraining order and determine the options available to you for enforcing your legal rights. If you are facing a restraining order or if you are seeking information about obtaining a protective order, then you should hire a restraining order lawyer in El Monte.

Joseph Gibbons earned his law degree from Pacific Coast University School of Law in Long Beach, California. He has been honored as the attorney of the year by the Southeast District Bar Association. He was also the SEDBA attorney of the year 2007. He focuses his legal practice on criminal defense cases.

Marc Gibbons is a member of the California Attorneys for Criminal Justice. He is also a member of the National Association of Criminal Defense Lawyers. He represents individuals charged with misdemeanor and felony charges in state and federal courts.

FAQs

Do You Need a Lawyer for a Restraining Order in California?

It is not mandatory that you retain an attorney while seeking a restraining order in California. Individuals can represent themselves throughout the process. Retaining a lawyer will provide you with guidance, reassurance, and legal advocacy. Also, you will benefit from the attorney-client privilege, so the conversations you have with your attorney will be protected.

How To Challenge a Restraining Order in California?

You must immediately file a response before the hearing date, collect evidence, and be present at the hearing to defend yourself against the allegations. It is a criminal offense for an individual to violate a temporary order. If you are trying to challenge a restraining order, then you should hire an attorney who is experienced in these matters.

What Evidence Is Needed for a Restraining Order?

Evidence proving abuse is necessary to obtain a restraining order in California. The evidence may consist of voicemails, emails, text messages, photographs, and police reports. Sometimes medical records are used as evidence in restraining order cases. The individual seeking a restraining order must provide a sworn personal statement regarding the relevant facts.

What Orders Cannot Be Appealed?

Temporary restraining orders typically cannot be appealed under California law. However, many final restraining orders, such as domestic violence restraining orders and civil harassment orders, can be appealed if they constitute final judgments. Hearings are conducted regarding permanent orders, and the respondent may present evidence during a hearing.

El Monte Restraining Order Lawyer

A restraining order lawyer in El Monte can offer legal counsel and clear instructions related to legal matters involving restraining orders. Working with counsel can help you reduce your anxiety and feel more confident about protecting yourself in accordance with the law. You do not have to face this set of challenges alone.

If you are searching for a restraining order in El Monte, then contact us today to schedule a free consultation. Our team is ready to assist you with every aspect of the intake process. We can analyze the facts of your case, scrutinize pertinent records, and focus on helping you understand the legal options available to you. We are ready to help you in your time of need.