Legal reasons to file a restraining order

It will expire after 14 days unless it is extended for another 14 days or unless the party against whom the order is directed agrees that it can be extended for a longer period of time. With a no-contact restraining order, the individual being restrained by the order is prohibited from making physical contact or verbal communication with the victim. The requirements can include the following measures:. Prohibiting physical contact between the party the order is directed against and the protected person.

Prohibiting the party the order is directed against from coming within a certain distance of the victim. Prohibiting the party the order is directed against from communicating with the victim through phone, email, postal mail, text, online chat, and other types of communication. Requiring the children of the party the order is directed against to be removed from the jurisdiction. A domestic violence restraining order is a type of restraining order that goes into effect after the parties have held a hearing on the facts of the case and the party the order is being directed against has had an opportunity to defend themselves before the judge.

The goal of the hearing will be to determine whether the individual has committed domestic violence. This would mean they have committed one of the following acts:. Causing the victim to fear that they or another person is in danger of immediate, serious physical injury. While restraining order names and procedures vary by state, the same general rules apply. Common reasons to get a restraining order include actual or threatened physical abuse, psychological abuse or depletion of assets.

Physical abuse: If you can prove actual recent or threatened violence against you or your children, you may be able to get a restraining order on the ground of physical abuse. This prohibits the abuser from abusing, contacting, threatening or harassing you or your children. If you or your children are in immediate danger, you may request an emergency restraining order, which is available 24 hours a day from an arresting officer.

Psychological abuse: Domestic violence doesn't always involve actual or threatened physical abuse. Restraining orders may also be obtained on the ground of psychological abuse, which can take many forms.

Any behavior intended to control a person by making him feel frightened, intimidated, humiliated or isolated is considered to be abusive. The court may grant a restraining order if the behavior is so extensive that it interferes with the victim's daily life or his ability to do his job. Depletion of assets: Restraining orders are sometimes granted during divorce proceedings to prevent depletion of assets.

The court staff are not able to assist you in filling out the paperwork. It is important that you understand the forms that you are filling out, so that you can complete them in a way that will enable you to get what you need out of the restraining order process. Consulting with a knowledgeable attorney is a good way to ensure that you understand the restraining order forms, and that you complete them correctly.

If you already have a restraining order against someone, and they have violated it, Attorney Lucy S. McAllister can make a motion to the court, asking the court to find that they have violated the restraining order and to issue an appropriate penalty for that violation. When you go to court to ask for a restraining order, the person whom you are seeking a restraining order against is likely to attend the hearing in order to defend themselves.

It is not uncommon for parties who are seeking a restraining order to feel apprehensive about facing someone in court that they feel unsafe with. Attending your restraining order hearing with an attorney by your side can be much less intimidating than going it alone.

There are multiple types of restraining orders available in California, and it is essential that you ask the court for the appropriate type of order for your situation. Attorney Lucy S. McAllister can help you to choose the order that will provide you with the protection that you need. In some cases, you may be able to have the court require the person against whom you are seeking a restraining order move out of your home.

A seasoned attorney can help you to learn more about move-out orders, and can help you to pursue one if it is appropriate for your situation. When you ask the court for a restraining order, the court will want to see evidence of the conduct that you feel is threatening to you. Your attorney can help you to organize threatening messages, texts, photos of property damage, and any other evidence of threatening behavior and present it in a compelling manner to the court.