Stolar And Associates
  1. Home
  2.  | 
  3. Family Law
  4.  | 
  5. Domestic Violence
  6.  | Restraining Orders FAQ

Commonly Asked Questions About Restraining Orders

Whether you need to request a restraining order or someone has filed a restraining order against you, the process can be confusing and stressful. At Stolar & Associates, I take all restraining order cases seriously and will help you understand your legal options fully. I have over 35 years of experience, and I will take the time to answer your questions so you can make the best decision for your situation. In the meantime, here are the answers to questions that clients often ask me:

How can I get a restraining order in Los Angeles?

There are a few different ways to get a restraining order in Los Angeles County, and they depend on the situation. The police can request an emergency protective order at the scene of a domestic violence call, which will go into effect immediately. Otherwise, you can go to the court yourself to request a temporary restraining order, which will take effect until a full hearing, usually in about three weeks. The court will decide at the hearing whether to issue a longer-term Restraining Order After Hearing.

Do I need a lawyer to file a restraining order in California?

California law does not require you to hire a lawyer to file a restraining order or to defend against one, but the court system recommends one. You may find that you want an attorney by your side for many reasons. You will face several legal hurdles you must clear, including proper filing, collecting evidence and attending a court hearing. A lawyer will help you present your case in the best light and can advise you regarding the legal effects the order may have on other areas of your life, such as divorce proceedings.

Are restraining orders in Los Angeles ever denied?

The court may deny a restraining order for several reasons. The applicant may fail to state an adequate reason for the order or not meet the relationship requirements for the type of order at issue. California has several types of restraining orders, so you need to be sure you apply for the one that fits your circumstances. I am happy to discuss the restraining order that best fits your needs and ensure that you meet all of its requirements.

What can a temporary restraining order include?

A judge has broad discretion as to the terms of a domestic protective order, which may include a variety of requirements such as, but not limited to, the following:

  • A criminal protective order can specify “no contact”
  • An order to refrain from the use of drugs or alcohol
  • A stay-away order requiring a person to stay away from a home, school, etc.
  • An order to maintain a certain distance from the protected person
  • An order not to call (work or home), email, text message or otherwise contact a person
  • A “good will” order preventing a parent from damaging a child’s relationship with the other
  • A civil harassment order can order a neighbor, roommate or coworker to stop harassment

Has a restraining order been issued against you?

If a restraining order has been filed against you by your spouse, boyfriend, girlfriend, child’s stepparent or another person, it is important to get legal advice immediately and protect your relationship with your child and reduce or eliminate the impact on your permanent record. Depending on the type of restraining order, it may be entered in the California Law Enforcement Telecommunications System (CLETS) and allow statewide or national access.

Bring Your Questions To Stolar & Associates

I am here to answer your questions and help you either file a restraining order or advise you if you need to defend yourself against one. Schedule an appointment by calling my Beverly Hills office at 310-747-6018 or reaching out online.

Family Law