Los Angeles Criminal Defense Lawyer Blog

Restraining orders are court orders signed by a judge that prohibit one person from contacting, annoying or harassing another. There are two legal sides to restraining orders: people who need restraining orders to protect themselves or their families from threat and abuse, and people who are served with restraining orders and must defend themselves. Today, we'll focus on how to file a restraining order to keep yourself safe. On Wednesday, we'll discuss what to do if you are served with a restraining order.

California law offers four types of restraining orders, explains expert Los Angeles criminal defense attorney Stephen Rodriguez, who helps clients on both sides of restraining order law.

• Emergency Protective Order (EPO). Issued by law enforcement officers to protect domestic violence victims, EPOs are valid for 5 days, providing temporary protection while victims seek permanent measures.


• Domestic Violence Temporary Restraining Order (TRO or DVRO). Victims of domestic violence can obtain a TRO valid for 3 weeks pending a court hearing during which both parties present their grievances to a judge who can dismiss the order or make it permanent for 1 to 3 years.


• Criminal Protective Order ("No Contact" order). Obtained through the District Attorney's office, this criminal restraining order prevents contact of any kind between the parties and is issued in active criminal domestic violence cases.


• Civil Harassment Restraining Order (CHO). CHOs are used to stop harassment between neighbors, roommates and co-workers.

Filing a restraining order stops abuse and harassment and puts the court on the victim's side. Restraining orders prevent contact of any kind, whether in person, via phone or the Internet or through a third party. They can prevent your child from being removed from a violent home and prevent the abuser from owning weapons. If an abuser attempts to violate a restraining order, the police can take him to jail.

You do not need an attorney to file a restraining order, but representing yourself puts you at a serious disadvantage, particularly if the other party has expert legal representation, warns expert Los Angeles attorney Stephen Rodriguez. An experienced criminal defense attorney knows the law and can help you obtain the result you need to feel safe and secure. He will make sure that all proper documents are filed on time, walk you through the process and explain how to handle the judge's questions so you are confident and prepared in court, and provide expertise and support through every step of the legal process. If you need help filing a restraining order, contact Stephen Rodriquez today. Fluent Spanish spoken.

Next time: What to do if you are served with a restraining order

-Legal Pro