restraining orders

Obtaining the Protection You and Your Family Need

At Miller Law, we believe that no one should have to live in fear or under the threat of abuse. If you or another member of your household faces such threats, you must take action. We will explain how you can get a temporary protective order for you and your family members. We represent persons who desire to obtain a Court order as a result of domestic violence or sexual abuse.

Restraining Orders

A restraining order, legally referred to as an injunction, is often issued in the event that a person brings about accusations of domestic violence or abuse or threats of bodily harm against a family member, spouse or cohabitant (someone he or she lives with). If you are served a restraining order, you will face a number of consequences - all of which a skilled attorney may be able to help you avoid.

In California, there are four types of restraining orders that an individual can file:

  • Emergency Protective Order (EPO): This type of restraining order is used mostly by law enforcement and is a temporary order, valid for five days. It is common in domestic violence or other criminal cases.
  • Temporary Restraining Order (TRO): This civil restraining order is also a temporary court order valid for three weeks. This is also common in domestic violence cases where victims are often able to extend the order or make it permanent for up to three years.
  • Criminal Protective Order: This type of restraining order is obtained through the district attorney's office where the individual it is issued against is ordered not to have any contact with the victim
  • Civil Harassment Restraining Order: This is a civil order that is used to stop harassment by a certain individual for harassment, stalking, etc.

Defending Against False Allegations of Domestic Violence

Miller Law also defends persons who have had false or exaggerated claims made against them. During a divorce or child custody suit, some people attempt to gain an advantage by making false or exaggerated claims of domestic violence. If an order is entered against you, you may be forced to leave the home you share with your family and your child visitation rights could be threatened. The consequences of a criminal conviction for domestic violence can include jail and damage to your career prospects.

If someone has filed or obtains a restraining order against you it is imperative that you seek counsel right away to preserve your legal rights, your good name, and your livelihood. In the case of a temporary restraining order, you may be able to prevent the order from becoming permanent. An experienced lawyer will be able to contest your restraining order in court and possibly have it dismissed, so you can go home and be with your family. Contact Miller Law, today to schedule a consultation to review your restraining order case at 805.218.0113 or email us.

 

   
   
   
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  Miller Law
474 E. Santa Clara Street
Ventura, CA 93001| Map
(805) 218-0113 Phone