Restraining Orders and Protective Orders
Restraining Orders become an issue during many Divorce proceedings or after a divorce has been finalized. A Restraining Order is a protective legal instrument designed by the courts to prevent individuals from harassing, assaulting or otherwise abusing others. If a Restraining Order is issued by a judge and is not complied with, the named individual could be in contempt of court and face civil liability (fines) and/or penal liability (jail).
In California, Restraining Orders are typically issued when there is proven harassment, assault, domestic abuse, or threats to you and/or your children by individuals such as a current or former spouse, the other parent of your child, someone you live with or are dating.
In California, there are several types of Restraining Order’s
• Emergency Protective Order (EPO)
Issued by law enforcement for the immediate protection of domestic violence victims who are in imminent threat. This type of Restraining Order is valid for 5 days.
• Domestic Violence Temporary Restraining Order (TRO or DVRO)
In California, a Temporary Restraining Order is usually valid for a very limited time. During this time a request can be made to the court to make the “temporary” order permanent by proving a need for such an order to the court. Permanent Restraining Orders can be made valid for up to 3 years from the date of issue.
• Criminal Protective Order (“No Contact” Order)
This type of Order is not issued through the Family Court but through the District Attorney’s office or other prosecuting agency. Generally, they are issued for active cases involving domestic violence in which the District Attorney’s Office is investigating or prosecuting a criminal matter.
• Civil Harassment Restraining Order (CHO)
Typically used to stop harassment, threats, stalking, threats by individuals such as an ex-friend, co-worker or ex-employee, boyfriend, girlfriend or neighbor.
Domestic Violence is not a requirement for this type of Restraining Order.
To ensure that you obtain the proper type of restraining order, it is best to obtain legal advice and counsel. We will ensure that all proper documentation is filed appropriately with the court and that the best possible evidence is presented before the judge.
Whether it is necessary to obtain a Restraining Order or defend against one it is best to have our team of attorney’s complete the petition. at the Slattery Law Firm our skilled attorney’s will guide you through the process and ensure full compliance, as well as working with the court and law enforcement officers to ensure accuracy and enforcement.