What Is A Restraining Order?
A restraining order is an order that is court-ordered to protect a person that feels threatened, stalked, harassed, or abused. A restraining order is also known as a protective order. A person that files for a restraining order is the protected person, while the person the restraining order is against is the restrained person. There are many different types of restraining orders.
Stay-away orders are orders that keep the restrained person away from the protected person at a certain distance at certain locations listed in the order. Some common places listed on a stay-away order are:
- The protected person
- The protected person’s home
- The protected person’s place of work
- The protected person’s children’s school or daycare
- Common places the protected person goes
- And more…
Personal conduct orders are orders that put a halt to certain acts against each person named in the order. Each person named in a personal conduct order is considered the protected person. The most common acts to be stopped in a personal conduct order are:
- Calling or contacting through phone calls, text messages, or emails
- Stalking the protected person
- Harassing the protected person
- Assaulting the protected person
- Destroying the protected person’s personal property
- And more…
Domestic violence restraining orders are issued to people that have a close relationship (usually married, divorced, separated, have children with, or dating). You can also be related to the person who has physically and/or mentally abused you.
Other restraining orders are not commonly known such as:
- Elder or Dependent Abuse Restraining Order
- Workplace Violence Restraining Order
- Civil Harassment Restraining Order
- Emergency Protective Order
- Temporary Restraining Order
- Criminal Restraining Order
- And more…
How A Restraining Order Works?
If a court grants an immediate order, then the order is only temporary. Once there is a hearing, a restraining order can be granted for up to three years. The restraining order is then reported on the CLETS system where all law enforcement will know about the order.
A restraining order is not enforceable in Tustin, California unless the restrained person has been properly served with the papers. Once you have been served, you have a short amount of time to request a hearing to avoid the order from becoming permanent.
Once a restraining order is enforceable, if you ignore the parameters of the order, you can face jail time. It is imperative that you seek the assistance of a knowledgeable restraining orders lawyer to assist you if you have been served with a restraining order.
How The Flores Law Group In Tustin, California Can Assist You?
Attorney Flores with the Flores Law Group is diverse on both sides of the law. With over 10 years of experience as an Orange County Senior Deputy District Attorney, his unique experience is a valuable asset in helping you fight a restraining order in court to get the outcome you deserve. Restraining orders have the potential to upend your life, specifically if you violate the order.
If you are in Tustin, California, reach out to the staff of Flores Law Group who will step up to be your restraining order lawyer, order of protection lawyer, or harassment restraining order lawyer and walk you through each step of the process to reduce the anxiety the order you were served has brought.