Restraining Orders

Restraining Order Lawyers

Restraining orders are a unique area of law in that they are part family, civil and criminal law. There are several different kinds of restraining orders such as temporary and permanent. Sometimes there is a need to have a restraining order in place if you fear for your safety. Restraining orders are also sometimes used as leverage during breakups, divorces and custody battles. If you are defending yourself against a restraining order it may make sense to have a California Restraining Order Lawyer on your side.

Orange County CA Protective Order Lawyers

In People v. Stone (2004) the Division Two of the Court Of Appeal construed section 136.2 narrowly, holding restraining orders authorized by this provision “are those aimed at preserving the integrity of the administration of criminal court proceedings and protecting those involved in them. It therefore follows that the required good cause must show a threat, or likely threat to criminal proceedings or participation in them.” ( Stone, at p. 160, 19 Cal.Rptr.3d 771.) In an express response to Stone, in 2008 the Legislature added subdivision (h) to section 136.2, which provides, in a case in which a crime of domestic violence is charged, the court may consider, in determining whether good cause exists to issue an ex parte order pursuant to Family Code section 6320, “the underlying nature of the offense charged” and the defendant’s history of domestic violence, prior restraining orders and other forms of violence or weapons offenses.

Issued a Restraining Order in California?

There are certain legal requirements that must be met before a restraining order may be issued by a court against a person. There must be some competent evidence introduced. It is extremely important to have an attorney familiar with the rules of evidence and the law as it relates to the proper issuance of restraining orders.

If you have had a restraining order placed against you call The Law Office of David E. Swanson. He can be reached at 949-477-3030. Newport Beach California Protective Order Attorney David E. Swanson has an office in Irvine, California near the Harbor courthouse.

Types of Restraining Orders

  • Emergency Protective Orders (EPO)
  • Civil Harassment Restraining Order
  • Domestic Violence Restraining Order
  • Elder Abuse Restraining Order
  • Workplace Violence Restraining Order

Contact a Newport Beach California Restraining Order Attorney

Restraining orders are legal avenues used to protect those in need of court intervention. The Law Office of David E. Swanson has substantial experience handling restraining orders and their defense. Call his office at 949-477-3030. You can also email Mr. Swanson.

Mr. Swanson proudly serves those accused of crimes throughout all of Orange County including areas such as: Newport Beach, Irvine, Anaheim, Fullerton, Huntington Beach, Costa Mesa, Corona Del Mar, Laguna Beach, Laguna Niguel and Mission Viejo, Santa Ana, Tustin, Garden Grove, and Fountain Valley..