Los Angeles Temporary Restraining Order Attorneys
A receiving or implementing a temporary restraining order (TRO) is a very serious matter. In many cases, it is the first step in the process towards issuing a permanent restraining order, so it’s critical that you begin mounting your case as soon as possible so that there isn’t irrevocable damage to your freedom, lifestyle, and future.
Due to the difficulty involved with fighting against a temporary restraining order, it’s necessary that you consult with a seasoned attorney who can help provide you with guidance, direction, and support to ensure that you can get the defense you are intitled too. The experienced team at Werksman Jackson & Quinn, LLP, are here to help. Time is of the essence, so don’t wait to contact us at (213) 688-0460 to get started.
A temporary restraining order restricts the ability of an individual accused of domestic violence and other serious crimes from contacting, or being in the vicinity of, another individual for a specific length of time. A TRO normally only lasts for a short period of time and is only valid until there is a court hearing in which both sides can be presented. In many cases, a restraining order can include additional requirements, such as:
- Specific child support/custody orders.
- Moving to a different area.
- Not being able to own a firearm.
Under the California Code of Civil Procedure, CCP § 527, a temporary restraining order can only be issued after notifying the opposing party unless there are specific circumstances. These include:
- It appears that great or irreparable injury will result to the applicant.
- The applicant attempted to notify the opposing party in good faith but was unable to do so.
If you were issued a temporary restraining order without being notified beforehand, then the other party has up to five days after the date the order was issued, or up to two days prior to the hearing, to serve you the restraining order. If that fails to occur, then the temporary restraining order will be invalid.
If you have been notified of a temporary restraining order placed against you, immediate steps need to be taken. It’s important that you contact a legal team that has the experience fighting against a TRO. When a temporary restraining order is issued, the recipient must prove that without the restraining order, they could suffer irreparable and imminent harm. Without that proof, the court will not be able to grant the recipient a TRO.
As the adverse party in a TRO, the best course of action is to speak with a qualified legal team immediately and schedule a court hearing as soon as possible. When you contest a TRO, it’s important to clearly present your objections and explain your side of the story.
Amanda Carter and Mark Werksman, of Werksman Jackson & Quinn, LLP, have successfully tried numerous cases involving temporary restraining orders being placed on their clients. Recently, they were able to get a temporary restraining order dismissed in the case of a prominent businessman in West Hollywood. Additionally, they represented a real estate broker accused of domestic violence and got their client’s temporary restraining order lifted after showing that the allegations against their client lacked credibility and supporting evidence.
Our team at Werksman Jackson & Quinn, LLP, understands the significant burden that a temporary restraining order can place on someone’s life. If you or a loved has been issued a temporary restraining order, you need the aggressive, effective, and knowledgeable criminal defense that only the experts at Werksman Jackson & Quinn, LLP, can provide. We will work to prove your credibility to the courts by examining evidence and analyzing the unique circumstances of your case. Don’t hesitate to get started protecting your freedom. Give us a call at (213) 688-0460 to consult with our team and begin taking action.
Recent Case Results
- Complete Dismissal of Molestation Charges
Attorney Mark Werksman’s 29 year old client was falsely accused of molesting two neighborhood children and was subsequently charged with felony child molestation, with a significant prison sentence hanging over his head should he be convicted. Instead, at the preliminary hearing Werksman was able to convince the court to grant his client a complete dismissal of any charges.
- Decision Set Aside
Client, a college student in a faulty Title IX case, was awarded $130,000 in attorney fees.
- Probation with No Jail Time for Drug Money Laundering Charge
Wilmington man accused in New York federal court of laundering drug money through the sale of laptop computers. Mark was able to get the case transferred to federal court in Los Angeles, where he convinced the United States Attorney to reduce the charges. His client was sentenced to probation with no jail time on a misdemeanor conviction.