The state of California allows people to file restraining orders for their personal safety. A court-issued restraining order is meant to protect the victim from injury, physical harm, the threat of pain, or abuse. Typically, these orders are issued against a member of the household or family.
Sometimes, these orders are issued during a divorce proceeding to protect the person that feels threatened by their soon-to-be ex-spouse. These are also known as “Domestic Violence Restraining Orders” (DVRO) and are common if instances of spousal abuse are documented. If you feel threatened by someone that you know or your husband or wide and want to issue a restraining order, then you should speak with an experienced San Bernardino family law attorney to discuss your options.
What Type of Restraining Order Can I File?
California allows four different kinds of restraining orders to be filed:
- Criminal Protective Order: This form of restraining order can be obtained through the office of the district attorney. This often files an incidence of violence and is issued by a criminal court.
- Emergency Protective Order: An EPO is a form of restraining order that is used temporarily by law enforcement. This order is valid for 5 days and is commonly issued in domestic abuse or criminal cases.
- Temporary Restraining Order: This form of civil restraining order is known as a TRO. This order is valid for a total of three weeks. It’s commonly used in domestic abuse cases. Victims can often extend this order for up to 3 years.
- Civil Harassment Restraining Order: This type of civil order is intended to stop harassment such as stalking. Victims can file for this type of order with the court.
If you’re looking to file either a restraining order based on domestic violence or civil harassment, then a skilled attorney from RM Law Group can help you through the process.
How to File a Restraining Order in California
If you find yourself needing protection from someone that can cause you harm, then you can potentially file a civil harassment restraining order through the California court system. When the restrained person has been served with a copy of the order, both parties will be required to attend a hearing. If the person that filed the order does not show up, then the order is dismissed. If the person being issued the order does not attend, then their side of the story will not be considered. A skilled family law attorney can help you prepare for the hearing.
Once a restraining order is issued, the other party may not contact you or a member of your household, be within a certain vicinity of you, go to your workplace or school, or even have a gun. Once you’ve gone through the steps of filing the civil restraining order and the court has put the order in place, it will go into a statewide system. All law enforcement officers in California will be able to see that a restraining order has been issued.
How to Contest a Restraining Order in San Bernardino, California
Civil harassment restraining orders are meant to protect the victim from harm. In some cases, the person that has been issued a restraining order has been falsely accused. Restraining orders can have negative effects for the person that has been falsely issued one. It can even impact a person’s immigration status. If you have been falsely accused of harassment and wish to contest the restraining order, then you need the help of an attorney that can help you prove your innocence and have the order dismissed.
Consult with a Restraining Order Lawyer from RM Law Group LLP
Our law firm has years of experience assisting clients with their civil harassment restraining orders. Whether you are looking to file one for your protection or have been wrongly issued a restraining order, we are here to help. Contact us at (909) 453-2707 for a free consultation!