People often have a lot of questions about domestic violence and restraining orders. Not only that, but many of these questions have a lot in common.
Frequently Asked Questions regarding Restraining Orders
We’ve put together some answers to some frequently asked questions about restraining orders from our clients and the general public. Take some time to look through these questions to determine if yours is listed.
What Is a Restraining Order and What Is It Used For?
A restraining order, sometimes known as a “order of protection,” is a court order that protects someone from sexual or physical assault, threats, harassment and stalking.
When someone is subject to a restraining order, that person (the “restrained person”) is prohibited from engaging in the aforementioned acts. It can also prevent the restricted person from approaching the protected person, their children, family, home, business, transportation, or other places.
What Kinds of Restraining Orders Are There?
There are four types of restraining orders used in domestic violence situations:
Who Can I Implicate in My Restraining Order?
A restraining order can be obtained against anyone, including your spouse, other relatives, neighbors, coworkers, and roommates. Anyone who is injuring or threatening you can be subjected to a restraining order if you can prove that the order is required.
When Someone Disobeys a Restraining Order, What Happens?
In California, violating a restraining order is a crime that can be charged as a misdemeanor or felony, depending on the circumstances of the incident.
In cases where a violation gets charged as a misdemeanor, the maximum penalty is up to a year in prison and up to $1,000 in fines. A conviction for a felony restraining order violation can result in a sentence of up to three years in prison and a fine of up to $10,000.
Repeated violations of a restraining order are punished more severely.
What is the procedure for obtaining a restraining order against someone?
If you want a restraining order against someone, you must show by a preponderance of the evidence (more than 50% likely) that you were harmed by their abusive behavior and that the behavior would cause you more or greater injury if it is permitted to continue.
If you want to apply for a Domestic Violence Restraining Order, you should first seek legal advice from a lawyer. Attempting to do this on your own opens the door to mistakes that only a professional attorney can avoid. This person can assist you with the application procedure and represent your interests at a hearing, which is especially important if your abuser has hired their own lawyer.
The family law attorneys at Spodek Law Group can assist domestic violence victims in obtaining the legal assistance they require to put an end to their abusers’ behavior. You’ve had enough for a long time; if you’d like to learn more about how we may assist you, contact us immediately to set up a consultation.
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