Can a Certified CA Family Law Specialist Defend Me Against a Restraining Order?

Facing a restraining order can be a daunting experience, especially in the emotionally charged realm of family law. Whether you’ve been served with a temporary restraining order (TRO) or are navigating the complexities of a permanent order, the significance of having a knowledgeable advocate in your corner cannot be overstated.

A Certified California Family Law Specialist, like Judy Burger, possesses the relevant expertise and skills to mount a robust defense against restraining orders, ensuring that your rights and interests are protected throughout the legal process.

Understanding Restraining Orders

Restraining orders are legal orders issued by a court to protect individuals from harassment, abuse, or threats. In California, there are several types of restraining orders, but they typically fall into the following categories:

Domestic Violence Restraining Orders: These orders protect individuals from abuse or threats by someone they have a close relationship with, such as a spouse, partner, family member, or cohabitant.
Civil Harassment Restraining Orders: These orders offer protection against harassment from individuals who do not have a significant relationship with the victim, such as neighbors, acquaintances, or strangers.
Elder or Dependent Adult Abuse Restraining Orders: Specifically designed to protect elderly individuals or dependent adults from abuse or neglect.
Workplace Violence Restraining Orders: These orders can be issued to protect employees from threats or violence in the workplace.

Reasons for a Restraining Order

There are various reasons one might file for a restraining order, including:

Domestic Violence: Allegations of physical harm, threats of violence, or psychological abuse.
Stalking or Harassment: Continuous unwanted contact or surveillance that causes distress or fear.
Child Custody Issues: Concerns about a parent’s behavior affecting the safety and well-being of a child.
Threats of Harm: Verbal or written threats that create fear of imminent harm.
Substance Abuse: When an individual’s substance abuse issues pose a threat to themselves or others.

While these orders are intended to safeguard individuals, they can be based on misunderstandings, miscommunications, or false accusations. Consequently, facing a restraining order can significantly affect one’s personal life, professional relationships, and even parental rights.

The Importance of Legal Representation

When you are served with a restraining order, it is crucial to seek legal representation immediately. There are several reasons for this:

Understanding the Legal Process

Restraining orders involve complex legal procedures. A family law specialist can help you navigate the system, ensuring that you meet all necessary deadlines and follow all required protocols.

Crafting a Defense Strategy

A knowledgeable attorney will help develop a defense strategy tailored to the specifics of your case. Whether you aim to contest the order or seek modifications, having professional guidance can significantly influence the outcome.

Navigating Emotional Turmoil

The experience of facing allegations can be intensely stressful and emotionally taxing. Having a seasoned attorney by your side can alleviate some of this stress, allowing you to focus on your well-being while they handle the legal minutiae.

Representation in Court

If the case proceeds to a hearing, having a legal advocate who understands courtroom dynamics and is skilled at presenting evidence and arguments is crucial. They can present your case effectively and aim for a favorable ruling.

Protecting Future Rights

An order can have long-lasting implications, including impacting child custody arrangements or professional opportunities. A family law specialist will work to protect your rights and reduce adverse consequences.

How a Certified Family Law Specialist Can Help

A Certified California Family Law Specialist, like Judy Burger, brings specialized knowledge and experience that is invaluable in defending against a restraining order. Here are some of the benefits of working with a specialist:

In-Depth Knowledge of Family Law: Judy’s certification indicates a significant level of expertise in family law, including the specifics related to restraining orders. This enables her to offer personalized advice and representation tailored to the nuances of California law.
Experience with Restraining Orders: Understanding the intricacies of restraining orders requires an attorney who is well-versed in past cases and has successfully employed defense strategies. Judy’s experience equips her to tackle your case effectively.
Personalized Attention: Judy takes the time to listen to her clients and understand their unique situations. This customized approach ensures that your specific circumstances and concerns are addressed in the development of your legal strategy.
Mediation Skills: A family law specialist is skilled at conflict resolution. In cases where there could be room for negotiation, Judy can help facilitate productive dialogue aimed at resolving issues amicably.
Emotional Support and Resources: Beyond legal services, Judy recognizes the emotional strain that accompanies such cases and can connect clients with additional support resources, including counseling and support groups.

FAQs About Restraining Orders

How long does a restraining order last in California?

A temporary restraining order lasts until the court’s hearing, usually about 21 days. If a permanent restraining order is granted, it can last up to five years, with the possibility of renewal.

Can you contest a restraining order?

Yes, a person served with a restraining order has the right to contest it in court. A skilled attorney can help prepare a defense and present evidence to challenge the order.

What evidence is needed to support a restraining order?

The petitioner must provide evidence demonstrating a credible threat of harm or harassment, which may include testimony, photographs, police reports, or witness statements.

Can I communicate with the person who has the restraining order against me?

Generally, no. Violating a restraining order can result in legal consequences. Always consult your attorney for guidance on permissible communication.

What happens if a restraining order is violated?

Violating a restraining order can lead to criminal charges, fines, or imprisonment. It is essential to comply with the order while seeking legal advice.

CA Restraining Order Defense Lawyer

Facing a restraining order is a serious matter that requires immediate legal attention. With the help of a Certified California Family Law Specialist like Judy Burger, you have a better chance of crafting a strong defense, protecting your rights, and mitigating the potential impacts on your life.

Don’t navigate this complex process alone—reach out for professional legal support that understands your unique situation and can advocate for your interests.

California Divorce, Domestic Violence, Restraining Order, Restraining Order

What Happens at an Ex Parte Hearing?

September 30, 2025 TRIWriter

When navigating legal matters, particularly in family law, you may encounter various types of hearings, one of which is an ex parte hearing. Let’s delve into what an ex parte hearing is, the steps involved, the reasons courts may grant them, and how Judy L. Burger can assist you in this process.

What Is an Ex Parte Hearing?

An ex parte hearing is a legal proceeding in which one party presents its case to a judge without the opposing party being present. The term “ex parte” originates from Latin, meaning “from one party.” This type of hearing is typically reserved for situations where one party needs emergency relief or immediate action from the court, which cannot wait for the standard notice and hearing timelines.

Ex parte hearings are most commonly seen in family law cases, especially those involving child custody, support issues, or restraining orders. The urgent nature of these hearings requires the party requesting the hearing to demonstrate that significant, time-sensitive issues exist and that notifying the other party beforehand would result in irreparable harm.

Steps Taken During an Ex Parte Hearing

Here’s what to expect when requesting an ex parte or emergency hearing:

Filing the Motion: The party seeking the ex parte hearing must file a motion with the court. This motion should clearly outline the urgent nature of the request, specify the relief being sought, and provide supporting documentation to justify the expedited hearing.
Service of Process: While traditional hearings require advance notice to all parties, in an ex parte hearing, one does not need to notify the other party unless explicitly required by the court. However, if the situation allows, good legal practice often encourages the notifying party to inform the other party, as this can foster goodwill and transparency.
Preparing for the Hearing: The requesting party should prepare their arguments and evidence to substantiate their claims. This includes gathering documents, witness statements, or any other relevant evidence that can support their position.
The Hearing: During the actual hearing, the requesting party will present their case to the judge, explaining why immediate action is necessary. The lack of the opposing party does not mean the court will automatically grant the request; the judge will carefully consider the urgency and validity of the claims.
Court Decision: After hearing the arguments and reviewing the evidence, the judge may either grant or deny the request. If the request is granted, temporary orders may be issued until a full hearing with both parties can be scheduled.
Post-Hearing Actions: If the ex parte order is granted, copies of the order must typically be served to the other party as soon as possible. A follow-up hearing may also be scheduled to allow both parties to present their arguments.

Reasons Why Courts Grant Ex Parte Hearings

Ex parte hearings are not commonly granted and are reserved for situations that demonstrate a clear and urgent need. Some reasons a court might grant an ex parte hearing include:

Immediate Risk of Harm: If there is evidence that a child may be in imminent danger (physical or emotional), immediate action must be taken to ensure their safety.
Emergency Situations: Situations requiring immediate health and safety concerns, such as a parent requesting an order to prevent travel with a child due to substance abuse or domestic violence concerns.
Preserving Evidence: If there is a risk that evidence relevant to the case could be destroyed or tampered with, the opposing party should not be given prior notice.
Change in Circumstances: A sudden and significant change in circumstances that affects child custody or support, where waiting for a regular hearing could compromise the child’s best interests.
Uncontested Matters: If the opposing party agrees to the proposed changes or relief, an ex parte hearing can expedite the process.

How Judy L. Burger Can Help

Navigating ex parte hearings can be a complex and stressful process. Judy L. Burger is a Certified California Family Law Specialist with a wealth of experience in family law matters. Here’s how she can assist:

Expert Guidance: Judy can provide personalized legal advice tailored to your specific situation, helping you understand whether an ex parte hearing is appropriate for your circumstances.
Preparation of Documents: She can assist you in drafting and filing the necessary motions and documentation to ensure your case is presented coherently and effectively.
Representation in Court: With her extensive courtroom experience, Judy can represent you in the ex parte hearing, presenting your arguments persuasively to increase your chances of a favorable outcome.
Post-Hearing Support: If your request is granted, Judy can assist you in navigating the next steps to ensure compliance and preparation for any subsequent hearings.

Ex Parte Hearing FAQs

What is the timeframe for an ex parte hearing?

Ex parte hearings are typically held promptly; in some cases, they can occur on the same day the motion is filed, depending on the court’s schedule.

Do I need an attorney for an ex parte hearing?

While it is not required, having an attorney can significantly increase your chances of success, as they can guide you through the legal process, ensuring all necessary procedures and paperwork are correctly handled.

What if the court denies my ex parte request?

If the request is denied, you may still pursue your case through a regular hearing process, allowing both parties to present their arguments.

Can I appeal an ex parte ruling?

Yes, decisions made during ex parte hearings can often be appealed, but it is recommended to consult with an attorney to understand the specific options available.

How can I prevent an ex parte hearing filed against me?

It is essential to maintain open communication with your co-parent and adhere to the terms of any existing custody or support agreements to prevent misunderstandings that could lead to an emergency request.

CA Ex Parte Hearings Attorney

Navigating family law can be particularly challenging, especially in emergency situations. If you find yourself facing the possibility of an ex parte hearing, contact Judy L. Burger’s office for experienced advice and representation to protect your rights and the well-being of your family.

Restraining Order, Domestic Violence, Restraining Order

CA Gun Restraining Orders

July 18, 2024 TRIWriter

The Golden State has some of the toughest gun laws in the United States to protect its citizens from domestic violence and firearm crimes. CA Gun Restraining Orders were approved in 2016 by the state legislature so “family members, household members, some employers, colleagues, teachers, and law enforcement can take action to prevent a person who poses a significant risk of harming themselves or others from having or purchasing a gun, ammunition, or magazine for a specified length of time, between 21 days and five years.”

When would you need a Gun Violence Restraining Order (GVRO), and what protections does it provide? CA Certified Family Law Specialist Judy L. Burger discusses CA Gun Restraining Orders and how they work.

California Domestic Violence and Firearm Restrictions

California law prohibits anyone from buying or owning firearms for 10 years after a violent misdemeanor conviction, including stalking, assault, and battery, no matter the victim’s relationship to the offender. Newer legislation now provides a lifetime firearms ban on anyone convicted of willfully inflicting corporal injury resulting in a traumatic condition against a current or former spouse, cohabitant, or dating partner or against the mother or father of the offender’s child after January 1, 2019.

California law also prohibits anyone subject to several types of court orders from buying, receiving, owning, or attempting to buy a firearm or ammunition while the order is in force. This includes domestic violence restraining orders, civil harassment orders, workplace violence restraining orders, and more.

California also prohibits people who are subjects of domestic violence restraining orders from owning or possessing ammunition and certain ghost gun kits and firearm components.

How Do CA Gun Violence Restraining Orders Work?

“The GVRO provides an opportunity to remove guns from individuals who would not otherwise be prohibited from possessing firearms.” Those in a close relationship with a person facing a crisis and whom they fear is at significant risk of lethal behavior (to themselves or others) may petition the court for a GVRO. This legally binding order reduces the risk of gun-related violence for between one to five years, allowing the person in crisis to get help.

The judge may issue a temporary Gun Violence Restraining Order before the scheduled hearing and may also grant other restraining orders as deemed necessary. A temporary GVRO is good for 21 days. If the judge grants a 1-5-year GVRO, a law enforcement officer will serve the papers to the person and collect any firearms, ammunition, and magazines. The subject of a GVRO cannot legally purchase any firearms, magazines, or ammunition while the order is in force. A GVRO may be extended by the court.

What a GVRO Does

A GVRO requires that all firearms and ammunition be relinquished by the subject of the order and prohibits the subject of the order from purchasing any guns or ammunition while the order is in effect.

What a GVRO Does Not Do

A GVRO does not affect knives or other non-firearm-type weapons. It does not include an order of protection for anyone. Additional protective orders may be granted by the court if needed.

Get Help with Gun Restraining Orders in California

Relationships can become complicated, and the risks of violence can escalate quickly. CA Certified Family Law Specialist Judy Burger can help you when you need legal protection or seek to protect someone close to you from committing harm or harming themselves. Contact one of our eight offices across California to schedule a consultation. We can answer your questions about Gun Violence Restraining Orders and other types of restraining orders, offer advice, help you file petitions with the court, and get the help you need now.