Los Angeles Restraining Order Lawyer
Restraining orders in California are often misunderstood. Many people assume they are simple paperwork or temporary warnings. In reality, a restraining order is a powerful court order that can immediately limit your freedom, damage your reputation, and expose you to criminal charges if mishandled.
Whether you are seeking protection or have been served with a restraining order, how you handle the process from the beginning often determines the outcome. From an attorney’s perspective, the biggest mistakes happen early—before the first court hearing ever begins.
What Is a Restraining Order in California?
A restraining order is a legally enforceable court order that restricts a person’s actions toward another individual. Judges issue these orders to prevent harassment, threats, abuse, or violence. Once granted—even temporarily—the order has the full force of law.
In practice, restraining orders do much more than tell someone to “stay away.” They can control communication, living arrangements, custody rights, and firearm ownership. Many clients are shocked to learn that a civil restraining order can quickly turn into a criminal matter if violated, even unintentionally.
From a legal standpoint, the court does not need proof beyond a reasonable doubt. The standard is lower, which means allegations alone can carry serious weight if not challenged properly.
Types of Restraining Orders in California
California courts issue different restraining orders based on the relationship between the parties and the nature of the allegations. Choosing the wrong type—or responding incorrectly—can weaken a case before it even starts.
Domestic Violence Restraining Orders
These apply when there is a close personal relationship, such as spouses, dating partners, former partners, parents of a child, or close family members. Judges often issue temporary orders quickly in these cases, especially when emotions are high or there is an allegation of past violence.
Civil Harassment Restraining Orders
These are commonly used in disputes involving neighbors, coworkers, roommates, acquaintances, or strangers. Despite the name, these cases can still involve serious allegations such as stalking or threats.
Workplace Violence Restraining Orders
Employers may request these orders to protect employees. From a defense perspective, these cases often involve limited evidence but high professional consequences.
Elder or Dependent Adult Abuse Restraining Orders
These orders are designed to protect vulnerable individuals and are treated very seriously by the courts, often with expedited hearings.
Each type has different legal standards, and judges in Los Angeles expect strict compliance with procedural rules. This is where legal representation becomes critical.
How the Restraining Order Process Works
Most restraining order cases begin with a request filed in court. Judges often issue a temporary restraining order (TRO) the same day, based only on the written declaration. The other party is not present and has no opportunity to respond at that stage.
Once served, the restrained person must attend a court hearing, usually within a few weeks. This hearing is not informal. Evidence is reviewed, testimony may be given, and credibility plays a major role. Judges often make long-term decisions in a single hearing.
From an attorney’s perspective, this hearing is where cases are won or lost. Walking in unprepared—or assuming the truth will “speak for itself”—is one of the most common and costly mistakes.
What Happens If a Restraining Order Is Violated?
Violating a restraining order is not a technical issue—it is a criminal offense. Many violations occur unintentionally, such as responding to a message, showing up at a shared location, or having a third party make contact.
Legally, intent does not always matter. If the order is violated, law enforcement can arrest you on the spot. Charges may follow, even if the protected party initiated contact.
From a defense standpoint, violation cases often hinge on details that only experienced attorneys know how to identify and present effectively.
The Real-Life Impact of a Restraining Order
Clients often focus only on the immediate dispute, but restraining orders can have long-lasting consequences. They may affect background checks, employment opportunities, professional licenses, immigration status, child custody, and firearm rights.
Even if no criminal conviction results, the existence of a restraining order can follow someone for years. Judges also consider past restraining orders in future family law or criminal cases.
This is why attorneys approach these cases strategically—not emotionally—and with long-term consequences in mind.
Why Having a Restraining Order Attorney Matters
From an attorney’s perspective, restraining order cases are less about dramatic courtroom moments and more about preparation, evidence, and timing. The court expects clarity, consistency, and credibility.
An experienced Los Angeles restraining order lawyer does more than argue. They know how judges evaluate declarations, what evidence carries real weight, and how to prevent orders from being overly broad or unfair.
Legal representation is especially important if:
- You have been falsely or exaggeratedly accused
- There are custody, housing, or firearm issues involved
- Your career or immigration status may be affected
- A violation allegation already exists
Handling a restraining order without legal guidance often leads to irreversible consequences that could have been avoided.
Speak With a Los Angeles Restraining Order Lawyer
Restraining orders move fast, and the court will not wait for you to catch up. Whether you are seeking protection or defending yourself, early legal guidance can significantly change the outcome.
A knowledgeable Los Angeles restraining order attorney can help you understand your position, protect your rights, and guide you through the process with clarity and confidence.
If you are facing a restraining order issue, taking action now is not just advisable—it is essential.
Work with expert lawyers
Unlike many law offices that assign client cases to young associates, attorney Ardalon Fakhimi will personally handle all significant aspects of your case from start to finish, including all settlement discussions, negotiations, and the trial. He will personally answer all of your questions and navigate you through every stage of your case. We never use inexperienced associates who are just learning the practice of DUI law and criminal law. Similarly, we are NOT a high volume law office. Rather, we emphasize a very personalized attorney-client relationship where our clients are in continuous contact with their DUI and criminal lawyer; not their lawyer’s assistant. Finally, we are a detail-oriented law office that meticulously strategizes every case. That means no stone remains unturned during the course of our representation and through the final disposition of your case.
We serve clients from Sherman Oaks, Van Nuys, Torrance, for Domestic Violence, Petty Thefts, DUI Under-21 Cases.
Frequently Asked Questions (FAQs)
Do I need an attorney for a restraining order in Los Angeles?
You are not legally required to have a lawyer, but restraining order cases can have serious and lasting consequences. A judge may issue or extend an order based on limited evidence, and mistakes can affect your record, custody rights, housing, or employment. An experienced restraining order attorney can protect your rights, present evidence properly, and prevent overly broad or unfair orders.
What should I do if I am served with a restraining order?
Do not contact the protected person in any way, even if they reach out first. Carefully review the order, follow all restrictions exactly, and note the court hearing date. Violating the order—even unintentionally—can lead to arrest. Speaking with a restraining order lawyer as soon as possible can help you prepare a strong defense for the hearing.
What happens if I violate a restraining order in California?
Violating a restraining order is a criminal offense in California. Law enforcement can arrest you immediately, and you may face misdemeanor or felony charges, jail time, fines, and a permanent criminal record. If you are accused of a violation, contacting a lawyer immediately is critical to protecting your rights.