Los Angeles Criminal Defense Lawyer Blog

Celebrities have long been stalked by the paparazzi, had overanxious fans who want to meet them and inch closer to their houses. These high-profile people have long used restraining orders in Los Angeles to their advantage.

But these pieces of paper don't just help when a person feels they are being followed. Victims of domestic violence in Los Angeles can also make use of this process for protection.

In either situation, an experienced Los Angeles criminal defense lawyer should be consulted to help. While courts often encourage victims to go to court to get restraining orders, they require talking with a judge or hearing officer and convincing them to grant the order.

A temporary order is fairly easy to obtain, but making it permanent can be vastly more difficult. The temporary order only requires the victim to go to court and explain their side of the story before the judge grants an order. But once that is granted, the defendant gets a copy and is allowed to argue against a permanent order during a hearing.

This is when an attorney is really needed. Because restraining orders can be so disruptive -- one spouse may be forced to live outside of the home or not see their children -- and the defendant may have a lawyer in-tow. If the victim has no representation, it may be an uphill battle to obtain a permanent order.

As the New York Daily News is reporting, Halle Berry recently was denied a stay-away order to protect her daughter from her father after he allegedly pushed their nanny while she was carrying the girl. Berry's efforts to get the emergency order were denied, the man's lawyer said.

A follow-up hearing was scheduled, but in the meantime, the man will have access to the 3-year-old girl, the newspaper reports. The man is being investigated for criminal battery after the nanny filed a police report.

In a separate case, a Long Beach police officer was charged with domestic violence, the Los Angeles Times is reporting. The officer faces 21 counts in connection with five incidents of violence. Ten of the charges are for corporal injury to a spouse, nine are assault with a deadly weapon, making a criminal threat and resisting arrest.

The newspaper reports that the five incidents happened in October, November, December and twice in January. The 29-year-old has pleaded not guilty to the charges.

In either situation, a restraining order could be beneficial. For the domestic violence victim, having an order in place that tells the aggressor they can't be around is powerful because any violation can lead to them being arrested and put in jail. For a person who believes they are being stalked or harassed, the protection is the same.

And while it is only a piece of paper, it carries great weight because once filed with local law enforcement authorities, it carries great power. The threat of legal problems will likely scare off many people who would otherwise continue their illegal actions. For the rest, they will find themselves behind bars.

Continue reading "Domestic Violence, Stalking Issues in Los Angeles Can Be Rectified With a Restraining Order" »

In Los Angeles with so many resident celebrities, there are bound to be instances where obsessed fans try to get too close and invade the privacy of stars who are just trying to live as normal a life as possible.

In a recent case, Disney pop star Selena Gomez, 19, had to file for a Los Angeles restraining order against a person who was allegedly stalking her. And in some cases, the alleged stalking turns criminal, as is the case of a man accused of stalking actress Halle Berry, 45, recently. The suspect pleaded not guilty to felony charges.

But restraining orders aren't just for celebrities. In cases of domestic violence in Los Angeles, spouses or significant others may seek a search warrant in order to protect themselves from a person whom they fear.

On the opposite side are the people who have restraining orders filed against them. In Los Angeles, a person can file for a restraining order based solely on his or her word without any defense. A judge can issue a temporary restraining order until a hearing is held to determine if the order should be made permanent. That means that a person can be arrested if they violate a temporary restraining order even if they weren't able to show a judge the order shouldn't be in place. A violation can mean having contact with the person, attempting to harass them or coming to their home, work or school.

A Los Angeles criminal defense lawyer can assist in either situation. Whether a person feels they were victimized and require protection, or a person feels they have been wrongly accused, an attorney can help sort out the problems.

In Gomez's case, the Los Angeles Times is reporting that she obtained a restraining order against a 46-year-old man who she alleges made plans to kill her after a conversation he said he had with God.

The star of Disney's "Wizards of Waverly Place" told the court that the man visited her workplace at least three times. The man has been ordered to stay at least 100 yards away from her, her assistant and her parents.

The Los Angeles Police Department, according to court records, was taking the alleged murder plot seriously based on the man's actions, a mental illness and a history of stalking and criminal threats.

Actress Halle Berry has experienced stalkers as well. According to E! Online, a man accused of breaking into her home has pleaded not guilty to felony burglary and stalking charges. He now has a trial date set for December.

The man was arrested July 11 after Berry's security guards caught him on her Hollywood Hills property three times in three days. Police allege that he broke into her guest house and scaled a wall to spy on her, prompting her to obtain a restraining order. He is banned from coming within 500 yards of her house and her family and he can't contact them. He has been in custody since his arrest.

Continue reading "Selena Gomez, Halle Berry Understand Importance of Los Angeles Restraining Orders" »

A man was recently arrested for allegedly violating a restraining order that bars him from being within 200 yards of Paris Hilton or her home; stalking cases often lead to restraining orders in Los Angeles.

Los Angeles Criminal Defense Attorneys work with domestic violence victims and people who seek protection from stalkers all the time and are able to help secure a restraining order that can help protect them. Our experience has also led to our being hired by defendants wrongly accused of stalking. Celebrities court attention. When they get too much, sometimes they cry foul. Paris Hilton is only one of a number of Hollywood celebrities who have been dogged by stalkers recently.

• Lindsay Lohan: A judge recently signed a restraining order against a man who has been stalking and harassing her.
• Halle Berry: A man was caught after he was spotted lurking around her house.
• Mark Zuckerberg: The Facebook founder recently got a restraining order against a man who he claims threatened his family.

This can be a scary situation for the victims in these types of cases. In Hilton's case, she alleges that someone called authorities after a man was standing on a beach looking into Hilton's Malibu home. It was the same man accused of attacking Hilton's ex-boyfriend.

But you don't have to be a celebrity to be put in this type of position. Los Angeles Criminal Defense Lawyer Blog recently reported about a man who was arrested for setting up hidden cameras in the female bathroom of a Starbucks in Glendora.

And a Fullerton computer technician allegedly upped the ante when police say he set up spyware on female college students' laptops that produced an error message that told them to put their computer near steam to fix. Many brought their cameras into the shower with them, which allowed him to turn on their web cameras and record them naked, ABC News reported.

A restraining order in Los Angeles can be obtained quickly and hassle-free with an experienced Los Angeles Criminal Defense Attorney. You may be able to get an emergency protective order for five days if the situation is an emergency. A temporary order can be made permanent for 1 to 3 years. A no-contact order is issued in domestic violence cases and a civil harassment restraining order is used to stop neighbors or other harassment.

After an order has been signed, it affords protection immediately to the victim. They now have the law and the court on their side to fight the perpetrator in their life. If the defendant violates the order, they can be subjected to criminal charges that could require jail time. Defense is equally critical -- being subjected to such an order can prevent you from seeing your kids or even returning home.

Continue reading "Peeper Arrested at Paris Hilton's Malibu Home; Another Los Angeles Stalking Case" »

A 25-year-old man was recently arrested and charged with hiding a camera in the women's restroom of a Glendora Starbucks, The Los Angeles Times reports.

What this case ventures into voyeurism and areas of the law dealing with sex crimes, many times there is a need for protection from civil harassment in Los Angeles, which can sometimes be accomplished through restraining orders.

Los Angeles Criminal Defense Lawyers understand how frightening it can be to have someone constantly hounding you, which is why we are able to help you by using the law to your advantage. If you find yourself in a similar situation, call today. We have represented people on both sides of stalking cases; domestic violence is another area where civil protection orders often come into play.

In the Starbucks case, the man is accused of stalking a 21-year-old student for several days, breaking into her apartment and stealing her underwear. He is charged with placing a camera disguised as a plastic coat hook affixed to a wall directly across from a toilet. After confiscating the man's laptop, police believe there to be at least 45 female victims.

In a recent case of celebrity stalking, Lindsay Lohan won a two-year restraining order against a man who has allegedly peppered her with unwanted attention since 2009, The Los Angeles Times reports. According to the story, the man visited her house, leaving chocolates and articles about her with his name written on them. He has also shown up to her public appearances.

Sometimes, people accused of stalking have mental illnesses and aren't taking medication that can properly balance their psychological makeup. Sometimes, still, stalkers are exes who can't cope with the sting of rejection.

But neither of these excuse scary and potentially illegal activity. California Penal Code 646.9(a) says that stalking is willfully, maliciously and repeatedly follows or harasses another person or making a credible threat.

But with the advent of the Internet and its availability to most Americans, cyberstalking in Los Angeles is also a problem. This means using electronic means to harass and threaten people. This could mean constant instant messages, posts on social media web sites such as Facebook and Twitter or constant calls and e-mails.

Stalking in California is usually charged as a misdemeanor for a first-time offender, but that can be pushed to a felony punishable by three years in prison, depending on the circumstances.

In stalking cases or cases of domestic violence and harassment, restraining orders can be helpful to settling down a potentially explosive situation. In California, there are four types of restraining orders that a judge can sign into effect:

• Emergency Protective Order: Issued by law enforcement and effective for five days
• Domestic Violence Temporary Restraining Order: It's temporary for three weeks and can be made permanent for 1 to 3 years
• Criminal Protective Order: This restraining order is ordered through the District Attorney's Office and is issued in active domestic violence cases. It is also called a no-contact order
• Civil Harassment Restraining Order: This is used to stop harassment by neighbors, co-workers, roommates and others who may be bothering you as referenced above

Continue reading "Starbucks Hidden Camera Case Shows Need For Los Angeles Restraining Orders" »

As Los Angeles Police point out, getting a restraining order is as easy to going to Superior Court to report someone has hurt or threatened a person, even if an arrest hasn't been made.

While restraining orders can be helpful in situations where abuse is happening or threats are being made, they can also turn someone doing nothing wrong into a victim. If someone has falsely filed a restraining order against you, take action. Hire Los Angeles Restraining Order Attorneys to defend your rights.

LAPD says that after going to Superior Court in Los Angeles, a restraining order "should be granted the same or next day." Three weeks later a temporary restraining order can become valid for three years.

Restraining orders can ruin your reputation, cause you to have child custody problems, hurt your prospects of getting a job and otherwise disrupt your life. If it's not necessary, it shouldn't be granted. And if that's the case, you should fight it. Los Angeles restraining order defense should be obtained as soon as possible to stop the process before a person can put you in a bad light.

As a respondent, or person receiving notice of the restraining order, you must be served with a copy of the restraining order. The copies must include an Answer to Temporary Restraining Order (form DV-120), which is your opportunity to respond. You'll have between 10 and 20 days to respond before the hearing.

A judge will have a hearing to determine whether a restraining order is necessary. During the hearing, the judge will decide whether to issue the restraining order, cancel it or modify it somehow. You would be at an advantage having an attorney with you to fight the allegations. Conversely, if the person filing for the restraining order is represented by counsel and you show up alone, you could be in trouble. You could ask for a continuance, but that could require additional fees and costs. Being prepared and ready to fight can make a big difference.

Continue reading "Los Angeles Restraining Orders Easy to Get and Have Lasting Effects" »

In cases of domestic violence and disagreement, one party can obtain a restraining order against the other. Restraining orders prevent contact between the parties, whether in person, by phone, via the internet or through a third party. Not only can a restraining order prevent you from seeing or speaking to your spouse, it can prevent you from seeing or contacting your children. You can be prohibited from calling, texting or emailing your children, sending cards or letters, even sending birthday presents. A restraining order can prohibit you from returning to your home and force you to stay away from places where your spouse or children are present, such as schools, churches, family members' homes, workplaces, even local groceries and stores. If you are served with a restraining order, you can be forced to surrender your guns and weapons to police officers and, if the order is made permanent, can be prohibited from owning or purchasing guns in the future. Being served with a restraining order can seriously impact your relationships with your spouse, children, family, friends and lifestyle.

If you are served with a restraining order, you need to understand the process (see our July 20 post). If a restraining order is obtained against you, court officers will serve you personally. By law, you will not be allowed to contact the person who obtained the order. You may be asked to surrender any guns or other weapons you own. A court hearing will be scheduled within one to five days at which you must appear. At the hearing, both parties will have an opportunity to present their case. The judge can decide to void the restraining order, change its terms or make it permanent for one to three years. If the order is made permanent, you may not be allowed to contact your spouse or children in any way while the order is in effect. You will not be allowed to own or purchase fire arms or other weapons. When the restraining order expires, your spouse can go back to court and have it renewed.

The stakes are high. If you do not protect yourself when you are served with a restraining order, the consequences can be life-changing. While you can choose to defend yourself in a restraining order hearing, you place yourself and your freedom at considerable risk if you do not have the expert advice of an experienced criminal defense attorney. If you are served with a restraining order, contact expert criminal defense lawyer Stephen Rodriguez immediately to protect yourself and your rights. Fluent Spanish spoken.

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

When fandom become obsession, celebrities get understandably frightened, police become suspicious and judges act. Last week a Los Angeles judge extended the temporary restraining order against Robert Michael O'Ryan for allegedly stalking 17-year-old gymnast Shawn Johnson. Police caught O'Ryan packing a gun and trying to break into the Dancing With the Stars studio. Johnson is a participant on the hit TV show this season.

In another event last week, Los Angeles County Sheriff's deputies arrested Miranda Tozier-Robbins after security guards caught her peeking in the windows of Britney Spears' Calabasas home. Tozier-Robbins, a fifth season American Idol hopeful who auditioned with the Spears' ballad Everytime, was toting a camera and dressed in camouflage gear at the time of her arrest. She was charged with trespassing and disorderly conduct before being released.

It's not just paparazzi who can be caught on the wrong side of the law when celebrity worship becomes obsessive. Stalking, trespassing, and breaking and entering are serious crimes in California, whether you're one of the paparazzi or a besotted fan. Even when the crime committed could be charged as a misdemeanor, having a gun in your possession when you commit a crime ramps the charge up to a felony.

Celebrity outcry and fear of tragedy led to California's enactment of anti-paparazzi laws in 1999 and their expansion in 2005. The laws have made it possible for paparazzi to be punished for becoming too aggressive in their efforts to photograph celebrities. Both civil and criminal charges are allowed. Paparazzi and aggressive fans can be charged with assault, battery, conspiracy, false imprisonment, stalking, and trespass. While most of these are usually charged as misdemeanors, some can also be charged as felonies. Whether you are charged with a misdemeanor or felony can make the difference between a fine and probation or a criminal conviction and serving time in jail.

Effective defense against a paparazzi charge requires aggressive representation by an experienced Los Angeles criminal defense attorney. Skilled L.A. criminal defense lawyer Stephen Rodriguez said the worst thing you can do if charged of a paparazzi crime is try to talk your way out of the situation. "Talking to law enforcement without consulting an attorney first is a mistake," said Rodriguez. For more information about paparazzi crimes, visit the website of Rodriguez, Lewis & Kahn.

-Legal

Pro

A restraining order is a court order that prevents a person from bothering, harming or contacting another person. Most often used in domestic violence cases, in California celebrities sometimes take out retraining orders against obsessive fans who may be stalking them. The purpose of a restraining order is to prevent harm or violence.

In California, there are four types of restraining orders, explains expert Los Angeles criminal defense attorney Stephen Rodriguez:

Emergency Protective Order (EPO). Issued by law enforcement officers most often in cases of domestic violence, this type of restraining order is valid for 5 days.

Domestic Violence Temporary Restraining Order (TRO or DVRO). This is a civil restraining order applied for by the individual who feels endangered, most often domestic violence victims. Initially the order is temporary and valid for 3 weeks. During that time both parties appear in court for a hearing before a judge who can decide to make the order permanent for one to three years.

Criminal Protective Order (No Contact Order). Obtained through the District Attorney's office, a no contact order protects parties in an active domestic violence criminal case.

Civil Harassment Restraining Order (CHO). This type of restraining order is issued to stop harassment or annoyance by neighbors, roommates or co-workers.

Depending on the specific terms of the order, restraining orders can prevent any and all direct or indirect personal, telephone, electronic (computer) or written contact. This means the served party cannot talk to, phone, email or write the other party. Restraining orders can prohibit an individual from coming within 100 or more yards of the protected person whether in the community, in a residence, at work or at school. This means that if the served person is shopping at a store, he must leave immediately if the protected person enters.

Restraining orders are generally temporary until a hearing can be scheduled, usually within a week or two. Both parties meet before a judge to plead their case and answer questions. Judges listen for certain types of statements, certain words to gage the seriousness and potential threat of contact between the two parties. Whether you are considered the victim or the abuser in a restraining order case, legal representation by an experienced criminal defense attorney can protect your interests.

For complete information on filing for a restraining order or defending yourself against a restraining order, visit the Rodriguez, Lewis & Kahn website. In both cases you have rights that deserve to be protected.

-Legal Pro