How to Get a Restraining Order Against a Minor

by Ambrosio Rodriguez | Aug 14, 2024 | Restraining Orders
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Would you like to know how you can get a restraining order against a minor in Los Angeles, California? These restraining orders can be used in dependency cases.

The skilled defense lawyers at The Rodriguez Law Group Los Angeles Criminal Defense Attorneys can help parents going through a children’s court case. Reach out to us today to arrange a free consultation and learn more about your legal options.

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Step by step – How to get an restraining order against a minor:

Taking these steps can strengthen your case and improve your chances of securing a restraining order. Keep reading to learn more and see how expert legal help can assist you.

How Our Los Angeles Law Firm Can Help You Request a Juvenile Restraining Order

Over the years, The Rodriguez Law Group Los Angeles Criminal Defense Attorneys has helped countless Los Angeles families request and obtain protective orders against unruly and abusive minors. We know how the system works. When you ask our Los Angeles criminal defense lawyers to assist you with your case, we will:

Assess Your Eligibility for a Restraining Order

Unfortunately, not everybody who wants to obtain a protective order is eligible to receive one. California Superior Courts only issue these injunctions under certain specific circumstances.

The attorneys at The Rodriguez Law Group Los Angeles Criminal Defense Attorneys do not want you to waste your time chasing lost causes. So, when we first meet with you, our team will thoroughly review your case to check your eligibility for a protective order.

If you qualify, we will begin work on your case immediately. If you do not, we will work with you to find an alternative solution to your problem.

Assist You with the Evidence Gathering Process

To successfully obtain a restraining order against a minor, you will need to gather a plethora of evidence that proves their abusive or aggressive behavior. Witness testimony, video footage, and police reports usually suffice.

Having spent many years in the legal field, our lawyers know where to look and who to speak with to find these evidentiary materials. If you hire us, we will use our knowledge and experience to assist you with your search.

Complete and File All Necessary Documents

When requesting a protective order in the state of California, you will need to fill in and file a few complex legal forms. Should you make any errors, your case might be delayed, or your request could even be denied.

Fortunately, when you work with The Rodriguez Law Group Los Angeles Criminal Defense Attorneys, you will not need to worry about inaccurate filings. Our team of experienced attorneys, paralegals, and administrative assistants have been filling out legal documents for years – and will be more than happy to take care of all your paperwork on your behalf.

Represent You at Your Restraining Order Hearing

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Before you can get a restraining order against a juvenile in the state of California, you must state your case at a formal hearing – in front of a judge from the California Superior Court. If you would like this hearing to run smoothly, you would be wise to have an experienced lawyer by your side throughout the process.

Of course, when you hire The Rodriguez Law Group Los Angeles Criminal Defense Attorneys, the experience is exactly what you will receive. Our attorneys have been representing clients at restraining order hearings for years – achieving favorable results along the way.

Contact us today to arrange a free consultation to learn more.

Understanding the Process of Getting a Restraining Order Against a Minor in California

In the state of California, restraining orders (or protective orders) are court directives that aim to prevent people from carrying out specific actions or engaging in certain behaviors. The chief purpose of these injunctions is to protect another individual from abuse or trauma.

Individuals who wish to obtain an injunction against a teenager must usually adhere to the following three-step process:

Evidence Gathering

Before formally filing any documents with a court, people who want to take out a restraining order against a minor must gather evidence that proves their abusive nature. This evidence often includes:

  • Witness testimony
  • Videos of aggressive behavior
  • Medical records
  • Pictures of injuries
  • Law enforcement reports

Typically, the more evidence an individual can gather, the more likely it is that the court will grant their protective order request.

Form Filing

Once a prospective requestor has compiled the evidence they need, they should next complete the following forms and file them with the California Superior Courts:

When filling out these forms, requestors must provide information such as:

  • The name and address of the restrained person
  • The name and address of the protected person
  • Their relationship to the protected person

They must also include a valid reason for requesting the restraining order. A short sampling of some of the reasons that the court might accept would include:

Requestors must provide a copy of all filed forms to the restrained person and their parents.

Restraining Order Hearing

When the court receives the formal request for a juvenile restraining order, it will schedule a hearing. In most cases, the date set for this hearing is no more than a few weeks in the future.

During their time in court, the protected and restrained persons can call witnesses and present evidence to the judge. California law also permits them to hire an attorney to speak on their behalf.

Once the proceedings have concluded, the judge typically makes a decision on whether or not to grant the restraining order in a matter of hours.

Over the years, the knowledgeable legal team at The Rodriguez Law Group Los Angeles Criminal Defense Attorneys has helped countless victims of crime in Los Angeles request juvenile and domestic violence restraining orders. We know how the system works, and we are ready to help you in any way that we can. Reach out to us today to arrange a free case evaluation with one of our attorneys.

Who Can Get a Juvenile Protective Order in California?

In the state of California, a person can request a juvenile restraining order if they have one of the following relationships to the protected person:

  • Mother
  • Father
  • Grandmother
  • Grandfather
  • Guardian
  • Caregiver
  • Social worker
  • Probation officer
  • Court-appointed advocate

The lawyers at The Rodriguez Law Group Los Angeles Criminal Defense Attorneys handle many juvenile restraining order cases every year. Please give us a call and schedule a free initial consultation at our law office in Los Angeles.

Common Restrictions in California Juvenile Restraining Orders

When a court issues a protective order against a minor, it restricts the behavior they can engage in and the activities they can pursue. A short sampling of some of the most common restrictions included in injunctions of this nature would include:

  • Communication Restrictions: Restrained persons usually cannot call, text, or otherwise contact protected persons.
  • Firearms Restrictions: Courts frequently ban restrained persons from buying, carrying, and using guns.
  • Residence Restrictions: California protective orders sometimes force restrained persons to move further away from protected persons.
  • Educational Restrictions: Restrained persons often have to enroll in a new school to maintain distance from protected persons.
  • Behavioral Restrictions: Restrained persons cannot harass, stalk, hit, surveil, or threaten protected persons.

Do you need an experienced lawyer to help you request a protective order? If so, please reach out to The Rodriguez Law Group Los Angeles Criminal Defense Attorneys today.

Penalties for Violating a Juvenile Restraining Order in California

police arresting a young girl representing the article's topic about How to Get a Restraining Order Against a MinorWhen a California Superior Court issues a restraining order against a juvenile, it enters their information into a special computer system at the Department of Justice. Law enforcement officers throughout the state can then use that data to ensure that they are adhering to the restrictions outlined in their injunction.

Section 273.6 of the California Penal Code states that, if officers find someone violating the terms of their court order, they can take them into custody. If the state later convicts them of violating a protective order, they can potentially face the following penalties:

  • Up to one year in county jail
  • A fine of up to $1,000
  • A permanent criminal record

Our experienced attorneys have been keeping Los Angeles families safe through the legal system for many years. As such, we have an in-depth understanding of the rules surrounding the enforcement of restraining orders in California. To set up a free consultation with a member of our team and learn more about our services, all you have to do is pick up the phone and give us a call.

Need Help? Contact a Restraining Order Law Firm in Los Angeles

When the people of Los Angeles need help requesting a restraining order against a minor, they know they can count on The Rodriguez Law Group Los Angeles Criminal Defense Attorneys. Our attorneys have the legal experience and statutory knowledge necessary to handle even the most complex cases. To have us assist you with yours, all you need to do is send us a quick message.

 

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Need a Restraining Order in Los Angeles? Trust The Rodriguez Law Group Los Angeles Criminal Defense Attorneys to secure the best possible outcome. Our experienced criminal defense lawyers have 20+ years of expertise in handling restraining orders.

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