Los Angeles Temporary Restraining Order Attorneys
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 entitled to. 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, also known as a protective order, is a court document that places certain limitations on a specified person in order to protect another person, usually the individual who requested the order to begin with. The person that the order has been taken out on is known as “the restrained party.” The person that the order is meant to protect is known as “the protected party.” Typically, a TRO only lasts a few weeks, before the court determines whether a Permanent Restraining Order, lasting of up to five years, should be issued.
Filing a TRO isn’t as easy as going to the court and asking for one. Like any process within the court system, there must be some sort of evidence that the TRO is necessary. Otherwise, it will likely be denied. One of the best ways to defend against a TRO is to point out any missing elements that the person who took the order out neglected to include. Those include:
- Proper documentation
- A clear indication of danger
- A statement from the alleged victim on why they need the protection
If the alleged victim neglected to file the proper paperwork or was otherwise unable to demonstrate a clear danger, then you may be able to have the order lifted. You may be wondering why defending against a TRO is that important if they only last for a few weeks. Truthfully, a restraining order can have a serious impact on your life.
A temporary restraining order restricts the ability of an individual accused of domestic violence and other violent 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.
After getting a notice that a temporary restraining order has been taken out on you, you may be tempted to break it, especially if the order is unfounded. But no matter how ridiculous it may seem to you to be required to stay away from someone, you should always adhere to the requirements of the order; otherwise, you could face severe penalties.
While the exact punishment will be determined by what part of the order you violated, for example, if you possessed a firearm after explicitly being ordered not to, or you approached the person who took the TRO out on you, any kind of violation could easily turn into a prison sentence and a hefty fine. On top of that, defending against a TRO becomes much more difficult if you have violated it. That is seen as a confirmation that the TRO is necessary to protect the person who took it out, and they may be granted a permanent restraining order as a result.
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 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.
The attorneys at Werksman Jackson & Quinn LLP, including managing partner Mark Werksman, 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. Thus, you can trust in our outstanding case results when you contact us to represent you.
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.