Many people are either threatened with a restraining order or feel the need to get one. In Orange County, restraining orders typically come in two forms: domestic violence and civil harassment. If a dispute is with a family member or someone with whom you previously had a dating relationship, it will be heard on the domestic violence calendar. All other matters are heard as civil harassment hearings.
Obtaining a Restraining Order
The paperwork necessary to obtain a restraining order is voluminous and confusing. If the proper facts are not stated, the request will be denied and your chances at getting a restraining order in the future are harmed. You should contact the Law Offices of Staycie R. Sena at (949) 477-8088 immediately if you are in need of a restraining order. We can file the appropriate paperwork in a way that is legally relevant and maximize your chances of an order being issued. We can often get a temporary restraining order that day or the next day.
Defending Against a Restraining Order
The consequences of having a restraining order issued against you can be severe. You may face job loss, license denial, loss of gun rights, deportation, exclusion, child custody consequences, restrictions on international travel and jail time for a violation. If you are threatened with a restraining order, you should get immediate advice. Proper representation can save you a headache down the road.
The Process
The first step in obtaining a restraining order is what lawyers call an “ex parte” proceeding. This means that a judge will consider a restraining order with very little in terms of a hearing. The judge gives only a cursory examination to claims and typically sets a more formal hearing within twenty-one days. If a temporary restraining order is issued at this ex parte hearing, the restrained person can have no contact whatsoever with the protected person without violating the law and risking incarceration.
A more formal restraining order is a litigant’s chance to produce evidence on his behalf. He can call witnesses, produce videos, produce written communication and argue the matter. Both parties are sworn in. Sometimes these hearings are brief, lasting only 15 minutes. Sometimes they are complicated, lasting several days. Regardless of their length, they are a formal court process, a “trial” of sorts and should be approached with the utmost in preparation.
Resolution
Not all restraining orders go to trial or hearing. Some matters are amicably resolved. There are various types of resolutions. Some resolutions include a formal agreement to remain apart with some sort of stipulated damages clause, a continuance, withdrawal or consent. Orange County restraining order attorney Staycie R. Sena can analyze your specific case, negotiate with the opposing party and craft a settlement if you prefer to handle the matter without a trial.
Attorneys Fees
Some prevailing parties in restraining order hearings are entitled to have their attorneys fees reimbursed by the other party. Ms. Sena can tell you whether reimbursement of attorneys fees is something you should seek.
If you have been served with a restraining order in Orange County or Southern California, or if you are seeking a restraining order for your protection, call The Law Offices of Staycie R. Sena at (949) 477-8088 for a consultation now.