Beverly Hills Restraining Orders Lawyer

Beverly Hills Civil Restraining Order Lawyers Fighting for You and Your Family

Known for being a glamorous and exclusive community just outside the greater Los Angeles area, Beverly Hills can still, unfortunately, be host to domestic violence and the need for restraining orders. Restraining orders work to protect victims from abuse, threats, or harassment. If you or your child is suffering from domestic abuse and violence, retaining the legal counsel and representation of a Beverly Hills restraining order lawyer can prove to be essential.

At Benefield Faulk Law, we have been representing individuals and their families for over 15 years. We can provide you and your loved ones with the legal guidance necessary to obtain the protection you deserve to secure your safety. We are also aware that many individuals are falsely accused of domestic violence, so we can also defend you against an unnecessary and even malicious restraining order. Trust us to represent you today.

Being a victim of violence is a traumatic experience and leads to fears about future safety from an abuser. Whether the abuse was a one-time act of violence or an ongoing problem, a civil restraining order (also called a protective order or injunction) acts as a line of defense between the abused and the abuser. The process of filing one of these injunctions may feel overwhelming, especially while dealing with the physical and emotional aftermath of a violent act. However, a restraining order is often one of the most important steps in securing safety for the abused.

Restraining Order Clients Represented by Benefield Faulk Law

In 2023, the Beverly Hills Police Department received over 100 calls regarding domestic violence. At Benefield Faulk Law, we can guide our clients through the complicated legal process that often surrounds the pursuit of a restraining order. Our firm can also defend clients against false allegations. We can explain the rights our clients have and help them assert those rights.

At Benefield Faulk Law, our dedicated restraining order lawyers can represent all kinds of clients in and around Beverly Hills, including:

Victims Looking for Protection

When an individual is the victim of domestic violence in California, they have the right to seek a restraining order. We can aid these individuals by taking the following actions in their case:

• Filing the restraining order. If you are the victim of domestic violence, harassment, stalking, or any other kind of familial abuse, our attorneys can help you file a restraining order so that you can gain the protection you and your family deserve.
• Ensuring correct documentation. At Benefield Faulk Law, our team can gather all the necessary evidence and forms of documentation to support your case for a restraining order. This can greatly increase your chances of court approval.
• Navigating the legal system. For many victims seeking a restraining order, this will be the first time they will need to appear in the Beverly Hills Courthouse on Burton Way. This can be intimidating, and the overall legal process of these cases can be long and complicated. Our attorneys can guide you and your loved ones through each step.

Children Who Need Protection

In certain cases of domestic violence and abuse, children will need protection. We can work to do just that by assisting in the following legal matters:

• Emergency orders. In certain domestic violence cases, immediate protection is necessary. At Benefield Faulk Law, we can help you pursue and obtain an emergency restraining order to protect your children from imminent injury or harm.
• Child custody and visitation. When a restraining order is sought in Beverly Hills, it can directly impact current or future visitation and custody arrangements. At Benefield Faulk Law, we can make sure the protective order you are seeking correctly addresses the safety of the children involved and their interests.

Individuals Who Need a Defense

For some individuals living in the Beverly Hills area, facing false allegations of domestic violence can lead to a restraining order. We can fight for you and uphold your innocence in these cases by taking the following actions:

• Challenging any false allegations. When an individual has been falsely accused of harassment, domestic violence, or abuse, our attorneys can defend them and challenge a restraining order.
• Representing you in court. At Benefield Faulk Law, we can represent you, should you find yourself accused of domestic violence and facing a potential restraining order. Let us represent you in any court hearings, present the necessary evidence to dispute these accusations, and work to prevent any kind of protective or restraining order.

Individuals Seeking to Modify or Terminate a Restraining Order

In some restraining order cases, one or both of the parties may wish to seek a modification or termination of the order itself. Our attorneys can assist in the following situations:

• Change in life circumstances. If the situation or circumstances that led to the original restraining order have changed, the attorneys at Benefield Faulk Law can help either party (whether the alleged victim or the accused) seek the modification or termination of the order.
• Violations and compliance issues. At Benefield Faulk Law, we can represent individuals who stand accused of violating a protective or restraining order. Allow us to defend you against any charges and navigate any consequences that may result from these issues.

Victims of Stalking or Harassment

If you are the alleged victim of persistent stalking or harassment, you can seek the help you need and the protection you deserve through a restraining order. At Benefield Faulk Law, our attorneys can put together a compelling case that demonstrates the need for such an order.

How Do I File a Civil Restraining Order?

In most cases, a person needs to prepare a petition for a temporary or preliminary injunction with the civil court. A temporary injunction may go into effect immediately, depending on the state. From there, victims may file for a permanent injunction through a court hearing.

It is important to keep in mind that even a “permanent” restraining order will have a judge-appointed expiration date, usually 1-5 years from the date the injunction is issued. Since this is a matter of personal safety and peace of mind, it is often advisable to seek legal counsel. An experienced civil restraining orders lawyer will be able to guide clients through the legal steps of obtaining this form of protection.

What Are the Different Types of Civil Restraining Orders?

While they all fall under civil restraining orders or protective orders, there are four types of orders based on the situation. There may also be an overlap of the type of restraining order possible, such as a person experiencing both domestic and sexual violence. If the situation is complex, a civil restraining order lawyer would be able to advise clients on the best solution in terms of a protective order. The type of restraining order filed will depend on the type of abuse and the victim’s relationship with the abuser.

Domestic Violence

A domestic violence restraining order is filed against a family member (or household member) when they have committed a violent act against you or an immediate family member. The definition of family member includes family through blood or marriage and also live-in partners.

Sexual Violence

A sexual violence restraining order can be filed by an adult for themselves or by an adult on behalf of a minor in the event of being forced or coerced to participate in sexual acts. It is important to note that the protective order may still be filed in a civil court even if criminal charges were dismissed.

Dating Violence

Dating violence injunctions must meet certain situational circumstances, such as the victim and abuser being involved romantically or sexually for a specified period of continuous time within the previous six months.

Repeat Violence

If a person (regardless of their relationship to you) has committed violent acts against you or your immediate family members, a repeat violence injunction is a type of restraining order available to victims.

What Does a Civil Restraining Orders Lawyer Do for Clients?

A civil restraining order lawyer can serve clients in several ways. They can serve as legal counsel and answer any questions about starting the process of filing a civil injunction. What kind of restraining order is best for you based on the situation? What are the next steps after the temporary restraining order has been filed?

What do you need to prepare and present to the courts in order to gain a permanent injunction against your abuser? An experienced civil restraining order lawyer will guide clients through the process and find the right solution to meet the needs of the client.

There are other reasons to consider hiring a civil restraining order lawyer. In most states, the abuser has the right to dissolve the restraining order. If your abuser petitions the court to dissolve the protective order, it is crucial to have a civil restraining orders lawyer at the ready to fight for your safety.

Another reason to consider a civil restraining order lawyer is if the order is expiring and you believe you or your family will be in danger once the order is lifted. Whether dealing with domestic violence, sexual violence, or dating violence, a civil restraining order lawyer is your best bet in navigating the options available to you and making sure you’re safe from your abuser.

FAQs

Q: What Is Considered Contact for a Domestic Violence Restraining Order?

A: In most cases, the terms and conditions of a domestic violence restraining order will vary. However, many will include some kind of provision that prevents the accused party from having any kind of contact with the alleged victim. This contact is typically any:

• Kind of personal contact
• Phone calls
• Text messages
• Emails
• Kind of surveillance
• Interactions on social media sites

Q: Who Most Often Seeks a Domestic Violence Restraining Order?

A: While one in four women will most likely be victims of domestic violence at some point in their lives, compared to one in nine men, male victims are more likely to seek a restraining order than their female counterparts. However, due to power dynamics within a relationship, women victims may not feel as able or prepared to file for a restraining order.

Q: How Do I Defend Against a Restraining Order?

A: When accused of domestic violence and facing a potential restraining order in Beverly Hills, many common defenses could be implemented in your case, depending on the exact circumstances. These can include:

• You were acting in self-defense.
• You were given the consent of the alleged victim.
• You and the alleged victim experienced a simple miscommunication.

Q: Can Your Employment Be Affected by a Restraining Order in California?

A: Yes, your employment in California can be placed in jeopardy if someone files a restraining order against you. Employers may have certain policies in place that impact the employment of an individual who is dealing with a restraining order, especially if that individual’s job requires them to carry a firearm or work in a secure environment.

Can a Lawyer Help?

Regardless of the type of violence, victims deserve to have their safety prioritized. Find the legal counsel you deserve by reaching out to us at (310) 271-7675 today. We’re ready to help you find the right solution for your situation and needs.