Restraining Order Attorney in Indio

Need Help with a Restraining Order? Call a Restraining Order Attorney in Indio 24/7

At Law Offices of Anastacio De La Cruz, we understand that dealing with restraining orders can be a stressful and complex experience. Our law firm is committed to guiding you through this challenging time with compassionate and personalized legal support. 

As a trusted restraining order lawyer in Indio, our team is dedicated to safeguarding your rights and ensuring the best possible outcome. We begin by listening to your unique situation and understanding your needs so that we can tailor our approach to your specific circumstances. 

This process allows us to provide a strategy that’s distinctly aligned with the legal landscape in Indio, CA. Our approach combines legal excellence with a deep commitment to client well-being, ensuring you feel supported and informed every step of the way.

Whether you're seeking protection or defending against a restraining order, our experienced restraining order attorney in Indio is ready to help. Call (760) 610-0606 or reach out online for a free consultation. Se habla español.

Understanding Restraining Orders in California

In California, restraining orders are court orders that prohibit a person from doing certain things, like contacting or coming near another person. 

There are several types of restraining orders, but the most common ones that defendants face are:

• Domestic Violence Restraining Orders (DVRO): This is the most common type of restraining order. It is designed to protect victims of domestic violence by family or household members.
• Predicate Acts of Domestic Violence: The petitioner must allege that the respondent committed "abuse," which includes intentionally or recklessly causing or attempting to cause bodily injury, sexual assault, or placing someone in reasonable fear of imminent bodily injury. It can also include behavior like stalking, threatening, or harassing.
• Protected Relationship: The parties must have a qualifying relationship (e.g., spouses, former spouses, people who have lived together, parents of a child in common, or people who have been in a dating relationship).
• Civil Harassment Restraining Orders (CHRO): This injunction is for individuals who have been the victim of harassment, violence, or credible threats of violence from someone with whom they do not have a qualifying domestic relationship (e.g., a neighbor, coworker, or acquaintance).
• Criminal Protective Orders (CPO): These orders are issued by the criminal court as part of a criminal case (e.g., for domestic violence, stalking, elder abuse). They are distinct from civil restraining orders and can be issued at the defendant's arraignment.
• Emergency Protective Orders (EPO): These are short-term orders issued by a judicial officer, usually at the request of a police officer at the scene of a domestic violence incident. An EPO is only a temporary measure (typically lasting up to seven days) until the victim can go to court and request a Temporary Restraining Order.

Types of Restraining Orders

Temporary Restraining Order (TRO)

A Temporary Restraining Order (TRO) is a short-term order issued by a judge in an ex parte hearing, meaning the defendant is not present. The judge grants the TRO based on the plaintiff's sworn allegations that an act of violence or harassment occurred and that they are in immediate danger. If granted, the TRO takes effect immediately upon service to the defendant and remains active until a full hearing can be held, typically within a few weeks.

The immediate consequences of a TRO can be severe, including a court order to have no contact with the plaintiff, to vacate a shared home, to surrender all firearms, and to abide by temporary child custody arrangements.