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4 Important Facts to Know About Restraining Orders

Jan 29, 2024

Have you been the victim of violence and are trying to protect yourself from further harm? If so, you may be interested in the process behind restraining orders. These are court orders that prohibit contact between two or more people. Read on to learn more about these orders.


1. What an Order Entails

When you serve or have been served with a restraining order, contact between you and the other person is strictly prohibited. This restriction may be for a certain amount of time. The order may enforce a distance you can have between each other. If you're the person being served, it may also restrict your rights to gun ownership.


2. Obtaining a Restraining Order

A restraining order is published by a court system. Some courts publish protective order processes on their website. You'll have to find and fill out a petition for a restraining order and officially file it. In most cases, the court will grant a temporary restraining order after setting a hearing for a further ruling on the matter. If a judge finds the defendant to be violent against the plaintiff who filed the complaint, they may have to permanently stay away from them in the future.


3. State Laws

According to California Courts, there are four different restraining orders, including Domestic Violence Restraining Order, Elder or Dependent Adult Abuse Restraining Order, Civil Harassment Restraining Order, or Workplace Violence Restraining Order. Thanks to federal law, all states must honor and enforce restraining orders, even by another state. In some cases, there may be additional steps you have to take to enforce it, but your legal protection can cross state boundaries.


4. Ways to Respond

If someone has been presented with a restraining order, it includes an official notice. The defendant will also be alerted to any future court hearings. During such a time, they can acquire legal representation and gather evidence and witnesses that may help their case. A restraining order can also be appealed, modified, amended, or dismissed in court.


Victims of abuse or other crimes may file restraining orders to protect themselves, their family, and their property. Knowing your rights if you need to serve a restraining order or if you've been presented with one is essential. To learn more about your rights in such a situation, contact Nigel Villanueva today for representation.

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