Protecting Rights and Preserving Safety
At Simmons Wagner, LLP, we understand that domestic violence restraining orders (DVROs) have significant legal and personal implications. Whether you are seeking protection from abuse or defending against an unjust accusation, our goal is to guide you through the complexities of restraining orders with clarity and compassion. If you have questions about DVROs or need immediate assistance, contact us at (949) 439-5857 to schedule a confidential consultation.
What Are Domestic Violence Restraining Orders?
A Domestic Violence Restraining Order is a court order designed to prevent further abuse or harassment between individuals who share a close relationship—such as spouses, cohabitants, dating partners, or family members. The types of protective orders can vary, but common features include:
- Personal Conduct Orders: Prohibiting the restrained person from harassing, striking, or otherwise contacting the protected individual.
- Stay-Away Orders: Requiring the restrained individual to maintain a certain distance from the protected person’s home, workplace, or other specified locations.
- Residence Exclusion: In some cases, the restrained person may be ordered to move out of a shared home to protect the alleged victim.
Who Can Request a DVRO?
A restraining order can typically be requested by anyone who has experienced physical harm, threats, or other forms of abuse from someone they have a qualifying relationship with. This can include:
- Spouses or former spouses
- Individuals who currently or previously lived together
- Dating or engagement partners
- Parents and children
- Close family members (siblings, grandparents, in-laws, etc.)
Potential Consequences of a DVRO
Immediate Legal Obligations
- Surrendering firearms or other weapons.
- Possible exclusion from the family residence.
Criminal Penalties for Violation
- Violating a restraining order can result in fines, jail time, or both.
Custody and Visitation Restrictions
- A DVRO can significantly affect child custody arrangements or visitation rights.
Impact on Employment and Reputation
- Certain employers may conduct background checks, and an active DVRO could impact professional licenses or job status.
Long-Term Record
- Though a restraining order itself is not a criminal conviction, its existence can appear in certain background searches, influencing future opportunities.
Our Approach
Comprehensive Consultation
We begin with an in-depth review of your circumstances—examining relationship history, any evidence of abuse, and the chronology of events. Our objective is to fully understand the details so that we can build a strong case strategy.
Evidence Gathering and Documentation
Whether you seek protection or are defending against a petition, proof is critical. We assist in collecting relevant documentation (medical records, police reports, text messages, etc.) and may collaborate with investigators or other experts as needed.
Preparation for Hearings
Courts may issue temporary restraining orders (TROs) on an emergency basis, followed by a more formal hearing to determine whether a permanent or longer-term order is warranted. We guide you through every step, ensuring deadlines are met and court requirements are fulfilled.
Courtroom Advocacy and Negotiation
Our attorneys represent you during restraining order hearings, presenting clear, evidence-backed arguments to the judge. When appropriate, we negotiate for mutually acceptable resolutions that respect your safety, rights, and personal objectives.
Why Choose Simmons Wagner, LLP in Irvine, CA, for DVRO Matters?
- Extensive Family & Criminal Law Experience
We handle both the civil and criminal aspects of domestic violence cases, giving us a well-rounded perspective on how restraining orders can intersect with criminal charges or divorce proceedings. - Compassionate, Client-Focused Representation
Domestic violence allegations and restraining orders often involve emotional strain. We maintain open, respectful communication, ensuring you remain informed and supported. - Strategic, Evidence-Based Approach
From reviewing evidence to cross-examining witnesses, our firm employs meticulous preparation to secure the best possible result—whether you are seeking protection or contesting an order you believe is unjust. - Local Knowledge, Broad Reach
Based in Irvine, our firm serves clients throughout Orange County and across California, drawing on a network of investigators, experts, and legal professionals to strengthen your case.
Contact Us
If you are involved in a situation that may warrant a domestic violence restraining order—either as a petitioner or respondent—Simmons Wagner, LLP is here to help. Our team can guide you through the legal process, safeguard your rights, and pursue the outcome you deserve. Call us at (949) 439-5857 to schedule a free, confidential consultation. We stand ready to provide empathetic counsel and assertive advocacy for your peace of mind and future well-being.