Kaass Law 815 E Colorado St #220, Glendale, CA 91205 (310) 943-1171
What is a Restraining Order?
A restraining order is a court order that serves the purpose of physically and verbally protecting a person or party that is being abused by another person or party.
How Does a Restraining Order Protect a Victim?
A restraining order protects a victim from an abuser by setting legal terms against the abuser. Legal terms set by a restraining order prohibit the abuser that it is filed against from doing various things, such as contacting the victim.
One main requirement of a restraining order is that the abuser MUST REMAIN AT LEAST 100 YARDS AWAY FROM THE VICTIM AT ALL TIMES. It is also against the terms of a restraining for the abuser to privately contact the victim in any way, shape or form without the victims consent, unless otherwise specified. Under certain circumstances a person with a restraining order filed against them can be prevented from purchasing a firearm.
Although this does not guarantee the future actions of the abuser, it allows for legal documentation to occur. As a result of legal documentation and court ordered terms, a victim can feel safer and be safer.
What Will Happen If Someone Breaks the Terms of a Restraining Order
Breaking the terms of a temporary restraining order is illegal. By law, any person or party found breaking the terms of a restraining order is subject to being arrested.
Who Can a Restraining Order Be Filed Against?
A restraining order can be filed against any person or party who that is a threat to another. It can be filed against a spouse, ex-spouse, parent of a child, boyfriend, girlfriend, family member, landlord, tenant, company, business, or anyone else that a victim may be harmed by.
- A Permanent Restraining Order can be filed after a Temporary Restraining Order (TRO) stays in effect for about 15-20 days.
- Temporary Restraining Orders are usually filed after an “ex parte” order given by a court appointed judge. This requires the victim to complete a filing with the court, and it gives the abuser official notice and provides him/her an opportunity to share their side of the story in court, the TRO will be granted on the same day.
- The TRO will stay in effect for 15-20 days, or until the court-ordered hearing “Order to Show Cause” in order to evaluate the situation with allowing both parties to present themselves in court and tell their side of the story.
- During the “Order to Show Cause” the TRO may is subject to being modified or canceled, and it is also possible that it becomes extended to a permanent Restraining Order.
- If the abuser violates the terms of a restraining order, it is up to the victim to notify police.
Specific criteria must be met in order for a temporary restraining order to be issued by a judge. One requirement is having the likelihood of irreparable harm without an adequate legal remedy.