Restraining Order Hearings Lawyer

What Types of Restraining Orders Exist in Santa Barbara?

In Santa Barbara, there are four types of restraining orders available that include: 

• Domestic violence restraining order
• Civil harassment restraining order
• Elder abuse restraining order
• Workplace violence restraining order

The Petitioner is the individual filing a restraining order to secure protection against another person, the Respondent. Restraining orders may prevent harassment, stalking, any form of contact, and the Respondent’s presence within 100 yards of the Petitioner’s home or workplace.

The clear advantage for a person feeling threatened is court-ordered protection. If the Respondent violates the restraining order, they may face significant penalties that may include arrest for breaching a court order, defined under California Penal Code § 273.6(a).

Domestic Violence Restraining Order

A person may file a domestic violence restraining order (DVRO) against someone else with whom they are related or have an intimate or dating relationship.

DVRO petitions may be filed by:

• Spouses
• Former spouses
• Parents of a child
• Cohabitants
• Former cohabitants
• Parents
• Children
• Siblings

If you have been the subject of domestic violence, stalking, or any continued harassment from a current or past partner, attorneys at the Aron Law Firm may be able to help you attain the security you need through a DVRO.

Civil Harassment Restraining Order

If the alleged harassment or abuse is not eligible for a DVRO, a person may file a civil harassment restraining order (CHRO). 

Civil restraining orders are generally used for:

• Neighbors
• Roommates
• Co-workers
• Acquaintances 

Even if you don’t personally know the individual harassing or threatening you, the Aron Law Firm attorneys may be able to help you obtain legal protection through a CHRO. On the other hand, if you’ve been served with a CHRO and need to defend yourself against false claims, contact us to learn how we may be able to help you through this process.

Elder Abuse Restraining Order

A person over 65 may file an elder abuse restraining order (EARO) against someone who is physically or financially abusing them. This may also be a viable option for individuals over 18 years old who suffer from specific mental disabilities.

If you or a loved one who is over 65 years is suffering abuse in Santa Barbara, our lawyers may be able to help you get the protection that you or your loved one deserves. We may also help if you have been served with an EARO and require legal defense against false allegations.

Workplace Violence Restraining Order

A workplace violence restraining order (WVRO) is a restraining order filed by an employer for the benefit of an employee. If your employee is the victim of violence or threats within the workplace, our legal team may be able to help you obtain the necessary protection through a WVRO. If you’ve been the subject of a WVRO and need to defend yourself against false claims, we encourage you to speak to our lawyers to learn your available options.

How Does the Restraining Order Process Work in Santa Barbara?

While there are different types of restraining orders in Santa Barbara, the process is handled virtually in the same manner, following these steps:

Filing for a Restraining Order

The Petitioner initially files for the restraining order by providing documentation and explaining to a judge the reason for their request. The judge then considers whether a restraining order is appropriate.

Temporary Restraining Order

On the same day the petitioner files, the judge decides whether to grant or deny a Temporary Restraining Order. No matter the judge’s decision, a hearing is set for a later date to examine the case’s facts.

The Respondent Is Served

The Respondent must be served with the necessary paperwork within five days of the hearing. Rather than the Petitioner, someone else delivers the paperwork through what’s known as “personal service.” If the paperwork cannot be served in the allotted time, a judge may consider extending the temporary restraining order.

The Restraining Order Hearing

At the restraining order hearing, both the Petitioner and the Respondent have the opportunity to argue their case and why a restraining order should or should not be issued.

The result of this hearing largely depends on the evidence presented, which party the judge finds more trustworthy, and how effectively each side presents their case. That’s why it’s essential to hire a seasoned attorney who can advocate for you in your restraining order hearing.

Court Orders after the Hearing

The hearing concludes with the judge either granting or denying a permanent restraining order, which may last up to five years. If a judge awards a permanent restraining order, it is usually challenging to have a judge reconsider the case.

Alternatively, a judge may also dismiss the Petitioner’s case and deny them the power to ask for a restraining order later on based on the alleged behavior.

Speak with an Experienced Restraining Order Hearings Lawyer in Santa Barbara Today

The permanency of restraining order hearings makes it vital for anyone seeking or defending against a restraining order to hire an experienced attorney to help defend them in their case. Suppose you or someone you love is facing a restraining order in Santa Barbara. In that case, the attorneys at the Aron Law Firm may examine your situation and devise a strategy to help you secure the very best possible result. 

The Aron Law Firm is led by former Deputy District Attorney William M. Aron, whose prior experience in criminal and civil court trials makes us a powerful ally in the restraining order legal process.

To speak with a knowledgeable restraining order attorney about your situation, schedule a confidential case review by completing a contact form or call (805) 500-7745.