Temporary and Permanent Restraining Orders
(Criminal Collateral Matters)
A restraining order will curtail a person’s freedom of movement and may affect a person’s employment, child custody, community property interests, licensing, right to carry a gun, and subject the Respondent to criminal exposure or criminal filing. Temporary Restraining Orders are routinely granted by the courts. There is not much showing that needs to be made for the court to grant a Temporary Restraining Order. Once a temporary restraining order has been granted the court will set a date for the Permanent Restraining Order hearing, approximately 21 days from the date of the Temporary Restraining Order hearing.
At the Permanent Restraining Order hearing the court will determine whether to dissolve the restraining order or to issue a Permanent Restraining Order that may last anywhere from 1 to 5 years or longer depending on the circumstances. The court will take into consideration the gravity of the incident, the veracity of the petitioner and its witnesses, and the amount of time that has passed to allow for a cooling off period. The typical forms that are used to obtained a domestic violence restraining order are the DV-100 and DV-110. If the matter deals with Civil Harassment, where there is no prior or existing domestic relationship, the Petitioner will file CH-100 and CH-110 forms with the court to petition for a Temporary and Permanent Restraining Order. The petitioner may request the court for the following orders:
“Other Protect Person” – Obtain an order to prevent the Respondent from visiting the children which if granted provides leverage in the family dissolution proceedings.
“Personal Conduct Orders” that will instruct the Defendant not to “contact, either directly or indirectly, in any way, including but not limited to, by telephone, mail or e-mail, or their electronic means as well as issue an order not to “harass, attach, strike, threaten assault, hit, follow, stalk, molest, destroy personal property, disturb the peace, keep under surveillance, impersonate or block movements.”
“Move Out Order” – Requesting the Respondent to leave the family and community household.
“Stay-Away order” – Requesting the Respondent to stay a 100 yards away from the person’s job, school, work, home, vehicle, or other protected persons.
“Guns or Other Firearms or Ammunition” – If the judge approves the restraining order, the Respondent will be order to not own, possess, purchase or receive a firearm or ammunition. The Respondent will be ordered to sell his gun to a licensed gun dealer or turn the gun to law enforcement.
“Record Unlawful Communications” – Petitioner will ask the court the right to record communications made by Respondent that violates the judges restraining order.
The types of Restraining Orders available are the following:
TYPES OF CIVIL RESTRAINING ORDERS FILED IN LOS ANGELES COUNTY
Request for Domestic Violence Protection (DV-100)
Civil Harassment Restraining Order (CH-100)
Gun Violence Restraining Order (GV-100)
Elder or Dependent Adult Abuse Restraining Orders (EA-100)
Workplace Violence Restraining Orders (WV- 100)
Arthur Khachatourians is an experienced attorney who tactically handles restraining order hearings while addressing the underlining issues to mitigate collateral consequences arising from the restraining order petition. If you have an upcoming restraining order hearing or intend to file a restraining order, call the Khachatourians Law Group for an attorney consultation.
SUCCESSFUL RESULTS BY MR. KHACHATOURIANS:
Dismissal of TROs, Denial of Permanent Restraining Orders, and Obtained Attorney’s Fees
Petitioner and his new girlfriend filed a Domestic Violence Restraining Order (DV100 and DV110) and Civil Harassment Petition concurrently (CH-100 and CH11) against Respondent in two different counties. Petitioner (ex-boyfriend) filed his Domestic Violence Petition in Orange County and his new girlfriend filed her (CH-100) Civil Harassment in Los Angeles County. At both hearings, Mr. Khachatourians vigorously cross-examined the witnesses and petitioners and obtained dismissals. Mr. Khachatourians also obtained his attorney’s fees against new girlfriend who filed the frivolous restraining order in Los Angeles Superior Court.
Denial and Dismissal of Temporary Restraining Order and Permanent Restraining Order
Mr. Khachatourians was able to provide the additional information to the court that warranted dismissing the case. Family member had filed a restraining order against a person who was a gun collector out of spite, knowing that a restraining order would cause him to turn in his guns.
Dismissal of Temporary Restraining Orders and Denial of Permanent Restraining Order
Next door neighbor files a Civil Harassment (CH-100) against Neighbor. At Permanent Restraining Order Hearing, Mr. Khachatourians obtained a complete denial of issuance of Permanent Restraining Order and dissolved the Temporary Restraining Order.
Dismissal of TRO, Denial of Move-Out Order, and Denial of Request for Child Custody Orders
Wife files a TRO, move-out order, and request for full physical and legal custody of the children. Mr. Khachatourians appeared at the Temporary Restraining Order hearing and informed the judge that the wife only filed the restraining order two weeks after the allege separation only to use it as leverage in the family dissolution.
Complete Dismissal along with Request for Child Custody Orders
Mother takes the two kids overnight and leaves the county and obtains a Restraining Order against father in the new county. At trial, Mr. Khachatourians was able to prove that there was no domestic violence, father was a caring and involved father, mother’s hidden agenda was to restraining order to use it as leverage for sole physical and legal custody of the children, and obtained a U-Visa for immigration purposes. The judge dissolved the Temporary Restraining Order and dismissed Petitioner’s request for child custody and did not issue any adverse orders against father.
Rejection of Criminal Case for Spousal Rape
Wife alleged spousal rape against husband, husband was arrested for spousal rape, and wife filed for a Domestic Violence Restraining Order. Mr. Khachatourians cross-examined wife at the permanent restraining order hearing and demonstrated that the wife was lying in order to obtain full-custody of the children. Mr. Khachatourians was able to demonstrate that wife had a prior domestic violence case against filed against her for beating up husband and now was trying to get back at him for making a false allegation of spousal rape. Mr. Khachatourians was able to get the criminal case rejected for insufficiency of evidence.
Dismissal of Restraining Order and Settlement Payment for Client
Hospital files Civil Harassment Lawsuit against Nurse – Mr. Khachatourians obtains complete dismissal of Permanent Restraining Order and obtains favorable settlement for client
Complete Dismissal – No Restraining Order Whatsoever
Mother-in-Law files for a Temporary Restraining Order for Civil Harassment (CH-100); Mr. Khachatourians successfully impeaches Petitioner and obtains complete dismissal of the case.
Dismissal based on Settlement Agreement (Non-CLETS)
Landlord files for a restraining order against neighbor. At the permanent restraining order hearing, Mr. Khachatourians engaged in settlement discussions with both parties to obtain a dismissal in its entirety.
Dismissal based on Settlement Agreement (Non-CLETS)
Exotic dancer files for a restraining order against a Patron. Temporary Restraining Order dissolved, Permanent Restraining Order dismissed. Parties agreed to a mutual stay away for a period of one-year (NON-CLETS) Agreement.
Non-CLETS Settlement and Dismissal of Permanent Restraining Order
Ex-boyfriend alleged that ex-girlfriend was stalking him. Mr. Khcahatourians negotiated a NON-CLETS Agreement for the Parties to stay away from each other for a year, dissolved the Temporary Restraining Order, and dismissed the Permanent Restraining Order.
Successfully Obtained a Permanent Restraining Order Against a Juvenile who Beat up an Elderly Man
Juvenile punched elderly man in the face. Obtained 5 year restraining order with complete restrictions (EA-100). Simultaneous criminal charges for battery and elder abuse were commenced against the juvenile along with restitution.
Successfully Obtained Permanent Restraining Order Against a Family Member threatening to bring a gun into a nursing home .
Elderly man threaten to bring a gun to a local nursing home in Southern California. Mr. Khachatourians obtained a Temporary and Permanent Restraining Order against the individual for the protection of the elders.
Successfully Obtained a Permanent Restraining Order against a family member passing out patient advocate business cards in a nursing home.
A visitor in a nursing home was passing out elder advocate business cards in an attempt to elicit patients for business services of providing financial advice to vulnerable and elderly patients. Successfully obtained a restraining order to prevent patients from being subjected to misappropriation of patient funds and unauthorized practice of law.