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Los Angeles Restraining Orders Lawyer
Restraining Orders & Temporary Restraining Orders Attorney
We pride ourselves in helping those in need of legal assistance, advice, and guidance. As such, David D. Diamond also concentrates his practice on temporary restraining orders in the state of California. Mr. Diamond, of Diamond, Burt, & Akhkashian, aggressively pursues Court orders on behalf of those who are victims of domestic violence and need protection as well as those seeking protection from civil harassment. The firm also defends against any California temporary restraining order sought for frivolous or unlawful purposes. In addition, we are able to seek, and often get, legal fees in the family law courtrooms.
Domestic violence and harassment is very serious and should not be taken lightly by either side in the process. There are numerous forms, many of which are very complicated, that must be properly filled out and filed with the Court to obtain a temporary restraining order in California. As such, David D. Diamond is devoted to representing your interests to the best of his abilities.
THE PROCESS
You must first file a request for a TEMPORARY restraining order or civil harassment order. The Judge can grant the temporary order which lasts for about two to three weeks. A permanent order hearing will then be set in which you, and the other side, will have the opportunity to present evidence and witnesses.
A restraining order is a Court order issued to prevent the recurrence of acts of abuse by a batterer. Under the Domestic Violence Prevention Act, abuse is defined as any of the following:
- Intentionally or recklessly causing or attempting to cause bodily injury.
- Sexual assault.
- Placing a person in reasonable apprehension of imminent serious bodily injury to that person or to another.
- Engaging in any behavior that has been or could be enjoined such as molesting, attacking, striking, stalking, threatening, battering, harassing, telephoning, destroying personal property, contacting the other by mail or otherwise, disturbing the peace of the other party.
The act(s) of abuse/violence must be recent, within thirty days, and the batterer must be a spouse, ex-spouse, boyfriend/girlfriend, ex-boyfriend/ex-girlfriend, someone with whom the victim has or has had a dating relationship, an immediate family member (mother, father, in-laws, siblings, adult children), or a person with whom a party has a children together. A victim that is a target of abuse but does not have the necessary relationship to the batterer may file a civil harassment restraining order, discussed below.
The restraining order can include the following:
- Restraints on personal conduct by the batterer;
- Orders for the batterer to stay-away from the victim's home/work and/or children's school
- Orders for the batterer to be removed from the residence
- Child custody and visitation and support orders and other miscellaneous orders.
Do I have to pay a court fee when I ask for a workplace violence restraining order?
You don't have to pay a fee if you are asking for a restraining order against a person who:
- Was violent
- Threatened you
- Stalked you
- Acted in a way that scared you.
A restraining order is a Court order issued to prevent the recurrence of acts of abuse by a batterer. Under the Domestic Violence Prevention Act, abuse is defined as any of the following:
- Intentionally or recklessly causing or attempting to cause bodily injury.
- Sexual assault.
- Placing a person in reasonable apprehension of imminent serious bodily injury to that person or to another.
- Engaging in any behavior that has been or could be enjoined such as molesting, attacking, striking, stalking, threatening, battering, harassing, telephoning, destroying personal property, contacting the other by mail or otherwise, disturbing the peace of the other party.
The act(s) of abuse/violence must be recent, within thirty days, and the batterer must be a spouse, ex-spouse, boyfriend/girlfriend, ex-boyfriend/ex-girlfriend, someone with whom the victim has or has had a dating relationship, an immediate family member (mother, father, in-laws, siblings, adult children), or a person with whom a party has a child/ren together. A victim that is a target of abuse but does not have the necessary relationship to the batterer may file a civil harassment restraining order, discussed below.
The restraining order can include the following: restraints on personal conduct by the batterer; orders for the batterer to stay-away from the victim's home/work and/or children's school; orders for the batterer to be removed from the residence; child custody and visitation and support orders and other miscellaneous orders.
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