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Need an Attorney With Specialized Knowledge
RESTRAINING
ORDERS CAN HAVE EXTREMELY SERIOUS CONSEQUENCES –
LOSS OF JOBS, FUTURE EMPLOYMENT OR SCHOOL ADMISSIONS.
MOST IMPORTANTLY, A VIOLATION OF A RESTRAINING ORDER
IS A CRIME, PUNISHABLE BY JAIL TIME!
Restraining order law is not
simple. There are many details that only an expert
in the field like Kenneth H. Lewis, who has handled
hundreds of these cases, knows. Trying to handle this
type of case on your own is like practicing surgery
on yourself!
TYPES OF RESTRAINING ORDERS
Domestic Violence Restraining
Orders are designed to protect persons that have
been involved in abusive dating, marriage or cohabitation
relationships. They are available when there has been
actual or threatened physical violence, harmful conduct
or serious harassment. The party asking for a domestic
violence restraining order need only prove their case
by a so-called “preponderance of the evidence”,
i.e. a 51% to 49% standard.
Workplace Violence Restraining
Orders can be obtained by an employee, or an employer
on behalf of an employee, where this has been actual
violence, or a creditable threat of violence in the
workplace.
Civil Harassment Restraining
Orders are meant for parties that are not in the
intimate relationships applicable to Domestic Violence
Restraining Orders. Often these would be classmates
or neighbors. “Harassment” means a credible
threat of violence, actual violence or a course of
conduct that seriously annoys alarms or harasses a
person, and serves no legitimate purpose.
ARE THE ABOVE RESTRAINING ORDERS
CRIMINAL CHARGES?
NO. They are civil orders and
are not criminal in and of themselves. However, should
the restrained party violate the order, the violation
of the restraining order can be charged as a misdemeanor,
with the possibility of imprisonment in jail for up
to one year. Alternatively, a violation of a restraining
order can be charged as a “contempt of court”
which also carries the possibility of jail time.
DOES A RESTRAINING ORDER SHOW
UP IN A RECORD CHECK?
Yes, in most situations. Most
restraining orders are “CLETS Orders”.
This means they are entered into the California criminal
database, known as CLETS, “California Law Enforcement
Telecommunications System”, often called a “rap
sheet”. All police departments have access to
these records and use them in enforcing restraining
orders. These CLETS orders can create serious problems
when looking for work, applying to admission to school,
or trying to obtain a state license. Kenneth H. Lewis
is often able to avoid the entry of a CLETS order
when he represents a client by negotiating with the
complaining party.
WHAT IS A “TEMPORARY
RESTRAINING ORDER”?
A “Temporary Restraining
Order” is often issued by the court prior to
a full hearing on a restraining order case, in order
to keep the parties apart until a full hearing is
held. Even if an allegation of serious physical abuse
or harassment is made by a party, the court does not
have the time to hold an immediate hearing and will,
if the proper paperwork is filed, issue the temporary
restraining order to keep the “status quo”
and the parties apart, until a full hearing is held.
At the full hearing the court will determine what
the facts are; who is telling the truth, and decide
if the temporary restraining order should be made
permanent. If the court decides there has been abuse
or harassment, it can issue a “Permanent Restraining
Order” for between 3 and 5 years, depending
on the circumstances. If the court does not believe
there has been abuse or harassment, it will dissolve
the temporary restraining order and the case is dismissed.
WHY SHOULD I RETAIN KENNETH
H. LEWIS TO OBTAIN OR OPPOSE A RESTRAINING ORDER?
Because Kenneth H. Lewis has
been handling restraining order cases for years and
has vast experience in this area. These are not simple
cases and many parties that try to handle their own
case are shocked when they find that they either could
not obtain the order, or have had a multi-year order
issued against them, ruining, for example, their career.
Restraining Order cases must be handled seriously
and professionally.
Kenneth H. Lewis one of the
relatively few lawyers to have actually argued a case
before the California Supreme Court, People v. Leon.
He is not only admitted before all the courts in California,
but also the United States District Court for the
Central District of California, the United States
9th Circuit Court of Appeal, and the United States
Supreme Court, where he appeared at counsel’s
table in the case of California vs. Rooney.
He offers no cost consultations,
and will fully explain the restraining order process.
He will complete all paperwork, and present your case
in court in the most vigorous manner possible. He
will keep you fully informed about the progress of
your case and make sure that everything possible is
done to insure a successful result.
Call Kenneth H. Lewis now to
schedule a FREE CONSULTATION at: 213-624-4904, or
e-mail him at Kenlewis@losangeleslegaldefense.com,
day or night.
LAW OFFICES
OF KENNETH H. LEWIS & ASSOCIATES
633 West Fifth Street, 26th Floor
Los Angeles, CA 90071
TELEPHONE:
213-624-4904
E-MAIL: Kenlewis@losangeleslegaldefense.com
FAX: 213-623-7301
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