In some places, a restraining order is known as a protective custody order. It's usually served when one person poses a threat to another person based on their past and current behavior. If you have to serve one or are served with one, it's better to understand what is involved. Here are some of the facets of a restraining order.

1. Naming of Involved Parties

When you file a restraining order against someone else, you’re the plaintiff seeking protection. If somebody files an order against you, you’re a defendant in the case. If served with an order, there are certain restrictions, such as how far you may need to stay from the person and for how long. Anyone who is seeking protection from your behavior or accused behavior can file a restraining order.

2. Distance From Plaintiff

When named as the perpetrator, you'll have to keep a certain distance from the person seeking protection. In domestic violence situations, you may have to stay away from several people, such as your partner as well as your children. According to the California Courts, expect to keep a distance such as 50 to 100 yards away from the filer's home, work, school, or car. Therefore, if you live with this person, expect to move out while under this order.

3. Timespan

An official order has a set time frame. These restrictions will be in place for a temporary time, such as several months, or they may be permanent. The time frame will depend on the proof presented against the defendant's actions.

4. Violation Consequences

Always take a restraining order seriously. Once an order has been filed against you, it’s a legal restriction unless lifted by a judge. In the meantime, if caught violating your restraining order, there can be a range of consequences. You may have to pay a fine or serve jail time. You may even have additional restrictions added, such as going from supervised access to children to no access.

These orders are meant to protect someone who is being stalked, physically abused, or violated in other ways. That's why you should always have legal representation if you plan to serve one or are served a restraining order. Our law firm helps clients in a range of criminal cases. From a DUI to defending restraining orders, we can help you understand your rights and get the best judgment possible. Contact Nigel Villanueva today for a consultation.