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What Is A Temporary Restraining Order?

In general, it is a protective order from the court to protect a person from being physically or sexually abused, threatened, stalked, or harassed.

Are There Different Kinds Of Restraining Orders?

There are many different kinds of restraining orders, such as domestic violence restraining orders, elder or dependent adult abuse restraining orders, civil harassment restraining orders, and workplace violence restraining orders.

What Is The Most Common Scenario Where A Temporary Restraining Order Would Be Put In Place?

Domestic violence restraining orders are probably the most common type of temporary restraining order. In general, you would be able to ask for a domestic violence restraining order if someone abused you, and you had a close relationship with that person. You and the person to be restrained might be married or registered domestic partners, divorced, separated, dating or used to date, or have a child together.

You might live together currently or have done so in the past, although in that case you would need to be more than just roommates. You and the restrained party might be closely related to each other such as a parent or a child, brother, sister, grandmother, grandfather, or an in-law.

What Criteria Would Need To Be Met For A Temporary Restraining Order To Be Approved?

Under California Family Code section 6300, protective and other domestic violence prevention orders may be issued with or without notice to prevent a recurrence of domestic violence pursuant to an affidavit demonstrating to the court’s satisfaction “reasonable proof of a past act or acts of abuse.”

What Does A Restraining Order Actually Prohibit?

In general, restraining orders could include personal conduct orders that the restrained person would have to stop specific acts against everyone who had been named in the restraining order as a protected person or people. This would prevent them from calling, messaging, or stalking you as the protected person.

The restraining order also prohibits the restrained person from being within a certain distance of a protected person or persons. Finally, the restraining order may tell the restrained person that they would have to move out from where the protected person lives and that they would be allowed to only take their clothing and personal belongings until the court hearing.

Does A Restraining Order Filed Against Someone Affect Custody Of Their Children?

It could. Restraining orders could include orders that prohibit the person from having contact with their children, so child custody and visitation rights would be affected by the restraining orders.  For this reason, the restrained person would need to respond immediately, because if not, then the court could make broad based restraining orders that would be very difficult to modify later.

For more information on Temporary Restraining Orders, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (714) 697-8600 today.

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