Los Angeles Orders of Protection Attorney

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Orders of Protection Attorney in Los Angeles

If you have been served with an order of protection in Los Angeles you need legal representation immediately. A protective order affects where you can live, where you can work, whether you can see your children, and your right to own or possess a firearm. Violating a protective order is a criminal offense that can result in arrest, jail time, and new criminal charges on top of whatever underlying case prompted the order. At The Law Offices of Arash Hashemi our criminal defense attorney has spent over 20 years defending clients against protective orders and related criminal charges throughout Los Angeles County. Contact our office today at (310) 448-1529 for a free confidential consultation.

Orders of Protection in California — What You Are Facing

California issues several types of protective orders and the type filed against you determines the specific restrictions it imposes, how long it lasts, and how it can be challenged. An emergency protective order is issued by law enforcement on the spot and takes effect immediately. It lasts up to seven days and is typically followed by a request for a temporary restraining order. A temporary restraining order is granted by a court based on one party’s declaration without the restrained person present and typically remains in effect until a hearing is scheduled within 21 days. That hearing is where the order is either dismissed or made permanent for up to five years. A criminal protective order is issued as a condition of a criminal case and remains in effect for the duration of the case and often beyond as a condition of probation or sentencing.

The most important thing to understand about a temporary restraining order is that it was granted based entirely on one person’s account without any opportunity for the restrained person to respond. By the time most people learn about the order it is already in effect and they are already prohibited from returning to their home, contacting their children, and possessing any firearms. The hearing to make the order permanent is typically scheduled within three weeks and arriving at that hearing without legal representation is one of the most consequential mistakes a restrained person can make.

How We Fight Orders of Protection in Los Angeles

Our criminal defense attorney reviews the declaration that was used to obtain the temporary order from the first consultation and identifies every weakness in the allegations. The evidentiary standard at a restraining order hearing is preponderance of the evidence meaning the petitioner must show it is more likely than not that the alleged conduct occurred. That standard is lower than a criminal trial but the procedural requirements are the same and the hearing requires the same level of preparation as any other court proceeding.

Text messages, emails, social media communications, witness statements, surveillance footage, and any prior false allegations in the relationship are all relevant evidence that can be gathered and presented before the hearing date. When the declaration used to obtain the temporary order contains exaggerations, inconsistencies, or outright fabrications our criminal defense attorney challenges every one of them directly. When the alleged conduct does not meet the legal standard for issuance of a restraining order the order should not be made permanent and our criminal defense attorney argues for dismissal at the hearing.

When child custody is affected by the protective order the hearing has consequences that extend directly into any parallel family court proceedings. Our criminal defense attorney addresses the custody implications alongside the restraining order defense because the outcome of the hearing can affect custody arrangements for years.

Modifying or Terminating an Existing Order

If you already have a permanent protective order against you and believe it should be modified or terminated there are legal pathways to pursue that relief. A restraining order can be modified when the circumstances that led to its issuance have materially changed or when new evidence demonstrates the order was not warranted. It can be terminated when the protected party consents and the court finds termination is appropriate or when the evidence no longer supports the original findings. Our criminal defense attorney handles post-judgment modification and termination proceedings throughout Los Angeles County and evaluates every available basis for relief from the first consultation.

Violating a Protective Order

A violation of any protective order is a criminal offense under Penal Code 273.6. A first violation is a misdemeanor carrying up to one year in county jail. When the violation involved violence or when the defendant has a prior violation conviction within seven years the charge can be elevated to a felony. Every violation creates a new criminal case on top of the underlying matter that prompted the order and prosecutors pursue these charges independently regardless of the protected party’s wishes. If you have been accused of violating a protective order contact our office immediately.

Contact a Los Angeles Orders of Protection Attorney Today

Attorney Arash Hashemi has defended clients against protective orders and related criminal charges throughout Los Angeles County for over 20 years. He understands how to challenge the declarations used to obtain temporary orders, how to present the full evidentiary picture at the hearing, and where the defense has the most leverage at every stage of the proceedings. You work directly with Attorney Hashemi at every stage from the first consultation through resolution. Contact our office today for a free confidential consultation.

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We are conveniently located in the Westside Towers serving clients facing protective order proceedings across Los Angeles, Beverly Hills, Santa Monica, the San Fernando Valley, Long Beach, and all surrounding communities. Your defense starts the moment you call.