Restraining Orders
A restraining order is a court order that protects someone from being physically or sexually abused, threatened, stalked, or harassed. The person getting the restraining order is called the “protected person.” The person the restraining order is against is the “restrained person.” Restraining orders can include other “protected persons” like family or household members of the protected person. Typical court orders include personal conduct, stay away, and residence exclusion orders.
Getting A Restraining order against someone
If you are being harassed by a family member, ex-relation, neighbor, or other persons, you may be able to get a restraining order to prohibit the harassing or annoying conduct. There are different types of orders a court can issue to prohibit unwarranted contact or conduct including personal conduct orders, stay away orders, or move out orders.
Restraining Order Hearings
At some point in time in the process, there will be a contested hearing where a judge will decide who will prevail. If you are trying to get a restraining order against someone else, you must be prepared to present the evidence necessary to win. This includes documentary evidence, police reports, pictures, text messages, social media posts, audio recordings, video clips, and witness testimony that documents the harassment or abuse. There are rules of evidence that apply at the hearing. That is why hiring an attorney will give you the best chance of winning. Winning is often based on the party that presents the most credible admissible evidence.
Personal conduct orders
Are orders to stop specific acts against “protected persons” listed in the restraining order. Conduct that can be prohibited includes contacting, calling, or sending any messages (including e-mail), attacking, striking, or battering, stalking, threatening, sexually assaulting, harassing, destroying personal property, or disturbing the peace of the protected people.
Stay-away orders
Are orders to keep the restrained person a certain distance away from the protected person or the protected person’s home, work, vehicle, children’s schools or places of child care; or other important places.
Residence exclusion orders
Are orders telling the restrained person to move out from where the protected person lives. These orders can only be asked for in domestic violence or elder or dependent adult abuse restraining order cases.
Violating a Restraining order
If the restrained person violates the restraining order, they may go to jail, or pay a fine, or both.
Settlement Options
In every case there is a legal preference by the court for the parties to work out a settlement agreement prior to trial. Sometimes it is possible when the parties have a mutual interest to resolve the issues without litigation and sometimes a resolution can’t be worked out because of the serious nature of the offenses or because one of the parties is unwilling to work out a settlement agreement.
You don’t have to Represent yourself
Because of the many legal issues in a restraining order case, it is always best to have an attorney handle the case. Our experienced and aggressive efforts usually result in a successful outcome in your case. Call our office today at (916) 939-3900 for a free case evaluation and what we can do for you.