How to File or Defend a Restraining Order

Whether you need help protecting your safety by bringing a California restraining order or protecting your rights by defending against one, don't hesitate to call the Santa Ana Law Office of Tracy C. Miller.

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I am an Orange County restraining order lawyer whose sole areas of focus are family law and criminal law. I have seen all sides of domestic violence and civil harassment restraining orders — the continuously harassing neighbor, the ex who won't stop calling, the spouse who files a false restraining order to gain an edge in divorce, allegations of child abuse, that must be handled immediately and more.

Click here to read about Tracy's Restraining Order expertise as featured in OC Metro Magazine's List of Top Attorney's for Year 2011.

Former Deputy District Attorney and Domestic Violence Prosecutor

I am a former Deputy District Attorney with the Riverside County District Attorney's Office. As a prosecutor, I worked in the Domestic Violence Vertical Unit as a Felony Deputy. That experience gave me great exposure to how courts handle California restraining and protective orders. I now apply the knowledge I gained as a former domestic violence prosecutor to defend against damaging allegations, criminal charges or help clients find relief through restraining orders. Once a restraining order is issued, the parties cannot agree to cancel the order. Only a judge may change or cancel such orders. These orders may be enforced in all 50 states, the District of Columbia, all tribal lands, and all U.S. territories. Restraining orders are logged in a law enforcement database where a potential employer may discover their existence. If a restrained party does not obey a restraining order he or she can be arrested and charged with a crime. I am extremely result-oriented and will spend many hours on your case with the intent of reaching your desired outcome.

Domestic Violence Restraining Orders

Domestic violence restraining orders are available to individuals who believe they are being abused by someone with whom they have a close relationship, including:

• Boyfriends, girlfriends, ex-boyfriends, ex-girlfriends
• Spouses or ex-spouses
• Parents, children, brothers, sisters, grandparents, grandchildren
• Cohabitants or former cohabitants

Domestic violence restraining orders may prevent contact in any way and may even require the accused to move out of his or her home. California restraining orders may also affect child custody and child support orders. If a restraining order is issued against you in California and you have children, under Family Code Section 3044, the court may presume that you are unfit to have an award of joint legal custody for up to 5 years, and in many cases sole legal custody will be granted to the protected parent under the law. Domestic Violence restraining orders may be issued for up to 5 years and thus may also affect child custody and child support orders for a considerable period of time. Under California law, a restrained party may have to pay more child and spousal support to the protected party. The protected person may request the court extend the duration of a restraining order at any time prior to the expiration of the restraining order.

Civil Harassment Restraining Orders

An individual can get a civil harassment restraining order if he or she is being stalked, harassed, sexually assaulted or threatened by a neighbor, co-worker or someone else with whom he or she does not have a familial relationship. A civil harassment restraining order may be issued by the court for up to 3 years and an alleged victim may request renewal of said orders at anytime before their expiration. During the time the order is in place, a court may make orders prohibiting any contact by an alleged abuser with an alleged victim, which may include contact in the home or workplace.

Elder or Dependent Adult Abuse Restraining Orders

An individual over the age of 65 years or a dependent adult may request the court issue a restraining order against an abuser. These orders may be issued if such individual is abused (physically or emotionally), financially abused, abandoned or abducted, deprived by a caregiver of goods or services needed to avoid suffering or harm, neglected, and/or isolated. Like a civil harassment restraining order, orders preventing this type of conduct can be issued up to 3 years and an alleged victim may request renewal of said orders at anytime before their expiration.

Workplace Violence Restraining Order

Under California law, an attorney may assist a person's employer to obtain a restraining order against an abuser. Courts can make orders to protectan employee from suffering unlawful violence or credible threats of violence at the workplace. The court can order a person not to harass or threaten the employee; contact or go near the employee; and prohibit the accused from possessing a firearm. These orders, like all listed above will be logged in a law enforcement database and enforced by law enforcement agencies.

Schedule a Free Initial Consultation With an OC Domestic Violence Lawyer

Call 949-429-8098, toll free 888-608-6878 or contact me online to schedule a consultation with an experienced Orange County restraining order lawyer. I will put my knowledge and experience to work for you.To read more about Attorney Miller's successful representation regarding restraining orders go to: www.ocrestrainingorders.com.

Attorney at Law

1113 North Spurgeon Street
Santa Ana, CA 92701

Office: 949-429-8098
Fax: 949-542-3867
Cell: 714-726-8727
Toll Free: 888-608-6878

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At the Law Office of Tracy C. Miller, I represent clients throughout Orange County, Los Angeles County, San Diego County and Riverside County, including those in Santa Ana, Orange, Tustin, Westminster, Newport Beach, Laguna Niguel, Irvine, Garden Grove and Stanton.

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