San Diego Family Lawyer
A restraining order is a civil action and tends to be used in cases where no actual crime was committed. The restraining order will outline what contact, if any, is possible between an individual and the person who was placed in fear of sustaining harm. The objective of a restraining order is to prevent a certain person from coming within close proximity of another.
Most restraining orders are placed against a person after an incident of domestic violence or after threats have been made towards a person.
A restraining order can prevent such a person from coming to your home or place of work and can force them to keep a certain distance from you.
Types of Protective Orders
A restraining order will keep a former abuser or threatening individual away from your home, workplace, and children. Restraining orders can be placed against a spouse or former spouse, someone you are living with, the parent of your child, or a person you are dating.
- Emergency Protective Order (EPO): This type of Restraining Order is issued by law enforcement and is valid for 5 days. It is used by domestic violence victims for their immediate protection and safety.
- Domestic Violence Temporary Restraining Order (TRO or DVRO): A California Temporary Restraining Order is in force for three weeks, but it can be made into a permanent restraining order for 1 to 3 years. This is also useful for domestic violence victims.
- Criminal Protective Order (“No Contact” Order): This type of restraining order is obtained through the District Attorney’s office, and is issued in active domestic violence cases. With this order, your abuser cannot call, write, e-mail or contact you at all except through lawyers.
- Civil Harassment Restraining Order (CHO): This restraining order doesn’t need to qualify as a domestic violence restraining order. It can be used to stop harassment, threats, stalking, etc. by neighbors, roommates and co-workers.
Protect Yourself and Your Family
If you are fearful for your safety or that of your family, you should speak with a San Diego family lawyer at Claery & Hammond, LLP about the possibility of a restraining order. There are many different types of restraining orders that will be used in different situations, so it is important to speak with a family lawyer to find out which kind is right for your situation. Contact Claery & Hammond, LLP today if you are the victim of domestic violence and need a restraining order.