Keep Your Family Safe With a Restraining Order
Restraining orders comes in many different “shapes and sizes.” It is often the case that a person will seek a divorce following an incident of violence perpetrated by his or her spouse. Most commonly, victims of domestic violence request a restraining order to prevent the abuser from having further physical contact. Not only do these laws and orders protect you, they can protect your family. Unfortunately, some people attempt to abuse the system and falsely seek restraining orders in order to gain an advantage during divorce settlements. Regardless of your situation, we have experienced attorneys available to assist you.
In California, courts can issue a variety of restraining orders, depending on the specific facts of each situation. A restraining order is legal protection with the purpose of preventing someone specific from harassing, assaulting, or abusing you. If the restrained person (the person who the order is against) does not comply with the order, they can face serious penalties, including fines and jail time.
When you can show that you’ve been harassed, assaulted, or threatened, the court will typically issue you a restraining order. Based on the type of threat you are under, the court can issue you a Domestic Violence Temporary Restraining Order or an Emergency Protective Order. In some cases you can apply for a Criminal Protective Order.
The court determines a variety of factors, including your relationship to the restrained person, whether or not children are involved, the urgency of the situation, and how serious the situation is.
The court can issue a Domestic Violence Temporary Restraining Order (TRO) to you if you are a victim of domestic violence. The initial order is valid for a limited period (weeks). At the following court date, if you present sufficient evidence, the judge may rule it effective for up to five years.
The court can issue an Emergency Protective Order through law enforcement. Law can enforcement can issue this order if you are in a situation where there is an immediate need for protection from domestic violence. This order is valid for five days.
The court can issue a Criminal Protective Order through the assistance of the District Attorney’s office if you are a victim of a crime. This order will last for the duration of the court proceedings and could be lengthened to 10 years. You must prove to the court that the defendant harmed you, threatened you or your family, and/or tried to coerce you not to testify.
Additionally, you can seek a civil harassment restraining order if you feel the court must intervene to stop certain conduct by another person. These are often brought by neighbors who believe that a neighbor must be restrained from certain type of conduct. This could be due to playing music too loud, parking vehicles on their property, trespassing on their property, and more.
In all restraining order cases, you can call the police immediately if the restrained person does not follow the order. The restrained person can be arrested and criminally charged. Restraining orders can be complex, yet time sensitive. They require an attorney who will understand your needs. We are experienced attorneys and can help you and your family seek the right path.