Experienced Restraining Order Experts
Los Angeles and Santa Monica Specialists
Getting a restraining order against somebody isn’t as easy as some
people think, but depending on the circumstances, can often be the best
way to protect yourself and solve a problem quickly. Formal criminal charges
depend on action by law enforcement and the district attorney’s
office, which they may or may not take. A restraining order however, puts
the power in your hands, letting people bring and build their own cases,
and letting people speak directly to a judge about their issues and fears.
How Restraining Orders Work
A restraining order does have limitations however, the main ones being
you cannot put the other party in jail or force a judge to impose a fine
or demand community service. Those punishments are reserved for criminal
cases. However, if you win, you can ask a judge to order a number of other
restrictions on the other side, such as:
- An order to stay away from you, your home and/or job
- Limiting his or her access to your children
- Limiting communication with you or other “protected persons”
- An order to attend a batterer intervention program (for domestic violence)
- An order not to own or even possess a firearm
The Different Types of Restraining Orders
There are two types of restraining orders, those based on domestic violence
and those based on civil harassment. The first is for people who are either
in a marriage or domestic partnership or who are in a relationship. This
is the more common type of restraining order.
The second is for anyone who feels that someone is harassing them and believes
they need protection. Some examples are a neighbor you don’t get
along with, a disgruntled coworker or anyone you genuinely believe is
a threat to your safety.
How to Get a Restraining Order
The most important thing to know about restraining orders is the standard
to obtain one. In all cases, for a judge to grant you one against anybody,
you will need to show that there has been
actual violence or a credible threat of violence. This is a very subjective standard and depends heavily on the opinions
and biases of the individual judge handling your case.
Actual physical violence is
not always necessary to get a restraining order, but it usually does make a
case stronger. There are many different factors that a judge will consider
since a restraining order can have serious consequences on someone’s
daily life. If you are genuinely afraid of someone and are considering
a restraining order for protection, or someone is asking for one against
you, you should speak to a lawyer to help analyze your case and present
the best possible argument.
Call the Law Office of Benjamin Kanani at (310) 702-9701 for free advice
now with no strings attached.