If you're seeking the protection of a restraining order, or if you've been served with one, you should consider retaining a qualified, local attorney to assist you throughout the process. Having the right lawyer by your side will significantly increase your chances of success. An experienced attorney will understand the rules of evidence and the legal issues at stake, so that you can craft a compelling argument and present your case in the most favorable light possible.
But what kind of lawyer should you be looking for? There are several different types of restraining orders in California, and they cross over a few different legal disciplines. A restraining order may be issued based on allegations of domestic violence, civil harassment, workplace violence, elder abuse or gun violence. Depending on the type of order requested, petitions may be heard in family court or in civil court. And depending on which court hears the case, the rules of evidence will vary. There might also be potentially overlapping criminal issues when a restraining order petition is based on some alleged criminal misconduct.
Very few lawyers in California focus their practices specifically on restraining orders. The state bar doesn't even offer a certification for "Restraining Order Specialist", as they do for some other specific fields of law. Most "restraining order lawyers" are actually experts in some other, related field. That could be family law, criminal defense, or general civil litigation. But that doesn't mean that every "general practice" civil lawyer is well-versed in the law regarding restraining orders. I'm often surprised to see very competent, well-respected attorneys bumble their way through restraining order hearings because they're not familiar with the unique rules and procedures that apply in restraining order court. Unfortunately, some great lawyers just don't understand the important distinctions between a domestic violence restraining order and, say, a civil harassment restraining order. Hiring a great attorney can backfire if he or she isn't the right attorney.
If you have questions about restraining orders in California, you should resist the impulse to ask your lawyer neighbor or some family friend who specializes in construction defect law. He or she might be very well-versed in some other legal specialty, but completely lost in a restraining order hearing. Hiring an attorney simply because you know him isn't always a smart move.
You should also resist the impulse to hire the most expensive or well-known attorney you can think of. Again, that person might be the world's most successful worker's comp lawyer, but if he doesn't have experience in restraining order court, then he's probably not right for you.
Our firm has extensive experience with all types of restraining orders in California. We have successfully represented petitioners and respondents on both sides of these issues throughout Orange County, Los Angeles and Riverside. We understand the rules of evidence and how to present your story effectively so that you can walk away with the best results possible.
If you or a loved one has questions about a restraining order in Southern California, call us for a free attorney consultation. (714) 449-3335. Ask for John.
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