Restraining Order Lawyer in the Coachella Valley: Fighting for You When Your Freedom is Under Siege
Looking for the best restraining order defense attorney? Has your life been thrown into chaos by accusations and legal maneuvering? The Mulligan Defense understands that a restraining order isn't just a piece of paper; it's a weapon that can dismantle your life, sever your connections, and strip away your freedom. The Mulligan Defense does not back down from a fight and does not allow clients to be treated as another case file. Here, your truth is the battle cry.
Why Choose These Restraining Order Lawyers for Your Case?
Warriors, Not Just Lawyers: Attorney Mulligan does not simply defend; Attorney Mulligan goes to battle. Attorney Joshua Mulligan has seen the darkest corners of the justice system, from simple misunderstandings to the most complex and frightening accusations. Attorney Mulligan stands unyielding for the client’s cause.
Local Expertise, Unmatched Advantage: Since 2007, Attorney Mulligan has been a constant presence at the Larson Justice Center in Indio. Attorney Mulligan is not a stranger to these halls and has built trust with the judges who decide these cases. This provides the ability to navigate restraining order cases where it matters most—in the heart of the courtroom.
Comprehensive Representation: The Mulligan Defense handles both criminal cases and restraining orders, ensuring that client rights are protected on all fronts. These interconnected legal challenges demand a unified strategy, and The Mulligan Defense is prepared to provide comprehensive legal protection.
A Record of Success: With over 20 years of experience, Attorney Mulligan knows what it takes to win. The record includes hundreds of pre-trial dismissals, dozens of restraining order victories, and dozens of jury trial acquittals.
Your Story, the Weapon: Attorney Joshua Mulligan’s training at Trial Lawyers College allows him to transform a client’s story into a powerful legal argument that moves people, including judges and juries. Attorney Mulligan crafts a compelling narrative that goes beyond dry facts, because when a story connects, it demands justice.
Understanding Restraining Orders in California Law
Restraining orders, also called protective orders, are court orders designed to prevent harassment or abuse. There are several types of restraining orders, including:
Domestic Violence Restraining Orders: These are for situations where the restrained person and the protected party have an intimate relationship or are blood relatives.
Civil Harassment Restraining Orders: These are designed to protect someone from harassment, stalking, threats, or physical violence by an individual they do not have a close relationship with, such as a neighbor, coworker, or stranger. These orders can prohibit contact, require the harasser to stay away from the protected party, and prevent further harassment. This type of restraining order is used when the relationship does not qualify under domestic violence laws.
Workplace Violence Restraining Orders: These are intended to protect employees from violence or threats of violence in the workplace. Employers can seek these orders on behalf of employees to ensure a safe working environment.
The Protective Order Process
I have not been served the restraining order, but I know about it. Can I just avoid getting served? Can I beat the restraining order by hiding every time service is attempted?
Avoiding service may seem like a clever strategy, but it is not a solution. While personal service is the standard requirement, courts have ways to work around intentional evasion. Petitioners can request alternate methods such as service by mail, email, or publication.
The better approach is facing the situation directly. By appearing in court and presenting a defense, allegations can be challenged and rights protected. Working with an experienced restraining order lawyer ensures preparedness. Hiding delays the inevitable and places the restrained party at a disadvantage once the matter reaches the court.
What is a temporary restraining order?
A temporary restraining order (TRO) is a court order designed to provide immediate protection to someone claiming danger. TROs are often granted without the accused being present. A TRO can limit movement, contact, and even access to one’s own home. It is not permanent. A hearing follows where both sides present evidence and the judge determines whether a longer-term order will issue. Until that hearing, strict compliance with the TRO is critical.
What constitutes abuse for a domestic violence restraining order?
For a domestic violence restraining order (DVRO), abuse extends beyond physical harm. California law defines abuse broadly and includes behaviors that harm, threaten, or harass someone in a close relationship.
Physical Abuse: Acts such as hitting, pushing, slapping, choking, or throwing objects.
Threats of Harm: Threatening harm to a person, children, or pets.
Harassment: Persistent and unwanted behavior intended to intimidate, annoy, or disturb.
Stalking: Following, monitoring movements, or using technology to track location or communications.
Disturbing the Peace: Actions that destroy mental or emotional calm, including isolation, property destruction, or controlling behavior.
Can I get a continuance to prepare my case?
Yes. Courts recognize that restraining order cases move quickly. Requests for continuances must be made promptly and supported by an explanation of why additional time is needed. Temporary restraining orders typically remain in effect until the new hearing date. DV-115 is used to request a continuance.
What kinds of evidence can be presented at a hearing?
Evidence may include text messages, emails, voicemails, photographs, police reports, medical records, and live witness testimony. Witnesses must appear in court. Inconsistencies in the petitioner’s story should be highlighted to present a clear picture of the truth.
She asked for a restraining order, but I am the true victim. Can I get one against her?
Yes. A restraining order can be sought if abuse occurred. Mutual restraining orders require evidence and are not issued lightly. Preparation is essential, including documentation, witness statements, and effective legal presentation. The court decides based on testimony and evidence.
What does a permanent restraining order mean?
A permanent restraining order follows a hearing and can last one to three years, sometimes longer under specific circumstances. While termed “permanent,” it is often time-limited and may be renewed or modified.
Can restraining orders be issued for coercive control?
Yes. Coercive control includes patterns of psychological and emotional abuse intended to dominate and isolate another person (Family Code section 6320(c)).
Types include isolation, manipulation and gaslighting, economic control, surveillance, threats, deprivation of basic needs, and rigid rules with punishments.
Restraining orders can include:
- Personal conduct orders: Prohibiting attacking, stalking, or communicating with the protected party. These orders are designed to safeguard the protected person from threats or violence, highlighting their rights and legal protections provided during domestic violence cases.
- Stay-away orders: Dictating a distance to be maintained between the parties.
- Move-out orders: Requiring the restrained person to leave a shared residence.
- Loss of Child Custody: A restraining order can significantly impact child custody arrangements because courts prioritize the safety and well-being of children above all else. If a judge believes that one parent poses a threat to the child or the other parent, the restraining order may lead to restrictions on custody and visitation rights. Child support can also be part of temporary restraining orders or the permanent restraining order.
Consequences of Violating a Restraining Order
Violating a restraining order in California carries severe consequences that can impact various aspects of your life:
- Arrest and Jail Time: Violating a restraining order is a criminal offense. If you are found to have violated the order, you can be arrested and face jail time.
- Fines: In addition to jail time, you may be required to pay significant fines for violating a restraining order.
- Loss of Custody: If you are a parent, violating a restraining order can result in the loss of custody of your children. Courts prioritize the safety and well-being of children, and any violation can severely impact custody arrangements.
- Loss of Employment: A restraining order violation can lead to job loss, especially if your employment requires a clean criminal record or if the violation affects your ability to perform your job duties.
The repercussions of violating a restraining order are serious and long-lasting, emphasizing the importance of adhering to all court orders and seeking legal guidance if you have any questions or concerns.
The High Stakes of a Domestic Violence Restraining Order
A restraining order can result in loss of freedom, supervised visitation, firearm surrender, mandatory classes, criminal charges for violations, immigration consequences, and permanent public records.
A restraining order can profoundly impact your life:
- Loss of freedom and access: You may lose the right to visit places you enjoy or to see family members, including your children.
- Mandated Supervised Visitations: Supervised visitation with children can be costly and, if not affordable, can lead to a complete prohibition from family visitation.
- Gun Ownership: You may be forced to sell or surrender any firearms and be barred from purchasing new ones.
- Required Classes: You may be ordered to attend anger management or batterer’s intervention courses.
- Criminal Charges: Violation of a restraining order is a crime, which can lead to arrest, jail time, and additional fines.
- Immigration Consequences: A conviction for violating a restraining order can lead to deportation.
- Public Record: Restraining orders are a matter of public record, which can impact reputation and employment prospects.
How Long Does a Restraining Order Last in California?
Emergency Protective Orders: up to 7 days
Temporary Restraining Orders: until hearing (usually within 21 days)
Domestic Violence Restraining Orders: up to 5 years
Civil Harassment Restraining Orders: up to 3 years
Duration is determined by the court.
We Fight for Your Rights
Attorney Mulligan understands that restraining orders may be based on false accusations or misunderstandings. Whether facing an allegation or seeking protection, Attorney Mulligan will gather evidence, present a strong defense, and protect client rights throughout the legal process.
- 9 years on the front lines as a Public Defender, earning a reputation for fearless trial work in serious felony cases
- 50+ jury trials and thousands of pretrial dismissals
- 2004 Ivy League graduate from Cornell Law School
- Graduate of the Trial Lawyers College
- Never a prosecutor, never a cop — lifelong defender of the accused
- Member of the Warren-Slaughter Inns of Court
