OC Domestic Violence & Restraining Order Attorney
How to defend Domestic Violence Allegations and file Restraining Orders
Whether you need help protecting your safety by bringing a California restraining order or protecting your rights by defending against one, don’t hesitate to call the Newport Beach Law Office of Tracy C. Miller.
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I am an Orange County restraining order lawyer whose sole areas of focus are family law and criminal law. I have seen all sides of domestic violence and civil harassment restraining orders — the continuously harassing neighbor, the ex who won’t stop calling, the spouse who files a false restraining order to gain an edge in divorce, allegations of child abuse, that must be handled immediately and more.
Click here to read about Tracy’s Fall 2014 recognition as published author concerning Criminal and Restraining Order Domestic Violence issues
Click here to read about Tracy’s Restraining Order expertise as featured in OC Metro Magazine’s List of Top Attorney’s for Year 2011.
If you are the victim of domestic violence or need help defending against a restraining order, call 949-429-8098, toll free 888-608-6878 or contact me online to schedule a initial consultation. I will listen to your concerns and give you my honest legal opinion about the options that are available to you.
Former Deputy District Attorney and Domestic Violence Prosecutor
I am a former Deputy District Attorney with the Riverside County District Attorney’s Office. As a prosecutor, I worked in the Domestic Violence Vertical Unit as a Felony Deputy. That experience gave me great exposure to how courts handle California restraining and protective orders. I now apply the knowledge I gained as a former domestic violence prosecutor to defend against damaging allegations, criminal charges or help clients find relief through restraining orders. Once a restraining order is issued, the parties cannot agree to cancel the order. Only a judge may change or cancel such orders. These orders may be enforced in all 50 states, the District of Columbia, all tribal lands, and all U.S. territories. Restraining orders are logged in a law enforcement database where a potential employer may discover their existence. If a restrained party does not obey a restraining order he or she can be arrested and charged with a crime. I am extremely result-oriented and will spend many hours on your case with the intent of reaching your desired outcome.
Domestic Violence Restraining Orders
Domestic violence restraining orders are available to individuals who believe they are being abused by someone with whom they have a close relationship, including:
- Boyfriends, girlfriends, ex-boyfriends, ex-girlfriends
- Spouses or ex-spouses
- Parents, children, brothers, sisters, grandparents, grandchildren
- Cohabitants or former cohabitants
Domestic violence restraining orders may prevent contact in any way and may even require the accused to move out of his or her home. California restraining orders may also affect child custody and child support orders. If a restraining order is issued against you in California and you have children, under Family Code Section 3044, the court may presume that you are unfit to have an award of joint legal custody for up to 5 years, and in many cases sole legal custody will be granted to the protected parent under the law. Domestic Violence restraining orders may be issued for up to 5 years and thus may also affect child custody and child support orders for a considerable period of time. Under California law, a restrained party may have to pay more child and spousal support to the protected party. The protected person may request the court extend the duration of a restraining order at any time prior to the expiration of the restraining order.
Civil Harassment Restraining Orders
Stop Neighbor Harassment! – Client Testimonial
“My family had an ongoing problem with a member of our neighborhood that would not stop. After finally taking law enforcement advice, we decided to try our best to obtain a Civil Harassment Restraining Order from court. We decided to reach out for professional and legal support in this specific matter. Looking into almost 15 attorneys at law, in Orange County California, all legal firms had distinguished experience in civil harassment restraining orders. However, we ultimately chose Domestic Violence Legal Center® founded by Former Prosecutor, Tracy C. Miller, Esq. Our decision was based on her firm’s vast experience in this focused area of law. This experience along with Tracy’s strong, honest personality and courtroom skills proved our choice to be the right one for our family. We recommend Domestic Violence Legal Center®, with the highest regard.”
An individual can get a civil harassment restraining order if he or she is being stalked, harassed, sexually assaulted or threatened by a neighbor, co-worker or someone else with whom he or she does not have a familial relationship. A civil harassment restraining order may be issued by the court for up to 3 years and an alleged victim may request renewal of said orders at any time before their expiration. During the time the order is in place, a court may make orders prohibiting any contact by an alleged abuser with an alleged victim, which may include contact in the home or workplace.
Elder or Dependent Adult Abuse Restraining Orders
An individual over the age of 65 years or a dependent adult may request the court issue a restraining order against an abuser. These orders may be issued if such individual is abused (physically or emotionally), financially abused, abandoned or abducted, deprived by a caregiver of goods or services needed to avoid suffering or harm, neglected, and/or isolated. Like a civil harassment restraining order, orders preventing this type of conduct can be issued up to 3 years and an alleged victim may request renewal of said orders at any time before their expiration.
Workplace Violence Restraining Order
Under California law, an attorney may assist a person’s employer to obtain a restraining order against an abuser. Courts can make orders to protect an employee from suffering unlawful violence or credible threats of violence at the workplace. The court can order a person not to harass or threaten the employee; contact or go near the employee; and prohibit the accused from possessing a firearm. These orders, like all listed above will be logged in a law enforcement database and enforced by law enforcement agencies.
Schedule a Initial Consultation With an OC Domestic Violence Lawyer
Call 949-429-8098, toll free 888-608-6878 or contact me online to schedule a consultation with an experienced Orange County restraining order lawyer. I will put my knowledge and experience to work for you. To read more about Attorney Miller’s successful representation regarding restraining orders go to: www.dvlegalcenter.com.
