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Restraining Orders PC 136.1/166

Criminal Defense to Restraining Order Offenses (P.C. 136.1 and 166) in Los Angeles and San Fernando Valley Courts

Kestenbaum Eisner & Gorin, LLP, has been aggressively helping individuals who are under investigation by the police, or have been arrested. Our Pre-Eminent Law Firm has a long history of successes in criminal restraining order cases. Our Pre-filing Intervention efforts have led to the release from custody of individuals investigated or arrested for rape, child molestation, robbery, and murder.

California’s Restraining Order Laws

California criminal laws make it unlawful pursuant to Penal Code Section 136.1 and 166 to violate restraining orders listed below. A violation of any restraining order, which is proven in court, may cause you to have a conviction on you record, and be ordered to serve time in jail, be placed on probation, and pay substantial fines.

  • Emergency Protective Order: If a police officer responds to a domestic violence call, the police officer can call a judge (anytime, day or night) and ask for an emergency protective order, which goes into effect immediately. These last only five business days or seven calendar days. The emergency protective order can force the person served to leave the home, stay away from the person seeking the order, and not see his or her children.
  • Temporary Ex-Parte Restraining Order: If an individual feels an immediate danger and needs protection right away, he or she can request for a Temporary (ex parte) Restraining Order, which will last for up to 15 days, or until you have your full-court hearing, which is usually three weeks. One can obtain this temporary order "ex-parte", which means without the alleged abuser being there.
  • Restraining Order After Hearing: After having a court hearing on the Temporary Restraining Order, with both parties present, a judge can grant a person a Restraining Order that can last up to five years. This order is designed to keep the alleged abuser from threatening, harassing, or abusing the person applying for the court’s help.

Aggressive Attorneys Defending Restraining Order Cases

We can help you to aggressively fight your case and avoid the consequences of criminal conviction resulting from a restraining order violation. Often, the party seeking the order is trying to exercise control over the other person, after a relationship fails, by calling the police and going to court to obtain the order. The person just wants attention and going to court is one way to obtain that attention. We seek to obtain all phone records, and any other form of communication from the other side to demonstrate in criminal court that the restraining order was not violated. After working with our client to construct a courtroom strategy, we will deliver a hard-hitting courtroom defense, whether the case is pending a preliminary hearing, or a jury trial.

For our client’s convenience, our main office is located across the street from the Van Nuys Courthouse and Jail. We specialize in aggressively defending cases in the following courthouses: Van Nuys, San Fernando, Santa Clarita, Burbank, Glendale, Pasadena, Sylmar Juvenile, and Pasadena Juvenile and throughout Los Angeles.

If you are being investigated for, or are already charged with a Restraining Order criminal violation, call the criminal defense attorneys at Kestenbaum, Eisner & Gorin, LLP, at (877) 781-1570. Our knowledgeable legal team can evaluate your case issues and advise you of your legal options before you go to court.

Contact the law firm today and receive an immediate response to your inquiry!

 

 

 

 

 

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