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What is a Restraining Order?

If you are being harassed or victimized, you do not simply have to accept that this behavior is occurring. You can go to court and get legal help to stop the person who is abusing you from continuing with the destructive actions. What is a Restraining Order?

One of the best ways to protect yourself if you are being harmed by the actions of another is to secure a restraining order. An experienced Irvine family law attorney at Brown & Charbonneau, LLP can help you to go court and convince the judge to issue this order. Call as soon as possible if you believe you need help so an attorney can assist you in using the legal system to protect yourself and your loved ones.

What is a Restraining Order?

A restraining order is also referred to as a protective order. A restraining order is an order issued by a court to provide protection from physical or sexual abuse; threatening behavior; stalking or harassment. A person who seeks a restraining order is referred to as the “protected person,” while the individual whose behavior is regulated by the restraining order is called the “restrained person.”

The protected person will need to petition the court in order to seek a restraining order barring certain behavior. An emergency order of protection can be obtained quickly if there is an imminent threat, but a hearing may need to be held for a more permanent order to be put into place. The individual who is seeking the restraining order must provide sufficient information to convince the court that protection is needed.

There are different types of restraining orders that the court may grant depending upon the situation, including a:

  • Domestic violence restraining order (preventing abusive or threatening behavior by a close family member such as a spouse).
  • Civil harassment restraining order (preventing stalking and other harassing behavior).
  • Dependent adult/ elder abuse restraining order (preventing abuse by caregivers).
  • Workplace violence restraining order (preventing inappropriate threatening or dangerous behavior in the workplace).

The restraining order may impose a number of different restrictions on the restrained person. The order may include:

  • Prohibitions in personal conduct, such as calling, sending messages, battering, sexually assaulting or threatening.
  • Stay-away orders requiring the restrained person stay a certain distance away from the protected person, including remaining away from a home, vehicle, workplace and other places where the protected person commonly goes.
  • A move-out order, which would require a restrained person to vacate a shared or family home.

The consequences of a restraining order are significant for the restrained and protected person. If the order is violated, the restrained person could be jailed or face other criminal penalties.  Evidence of abuse and a history of protective orders may also be a factor in divorce and custody cases.

Whether you are seeking a restraining order or whether a restraining order is being pursued against you, it is imperative you have qualified legal help. An Irvine family law attorney at Brown & Charbonneau, LLP is here to assist with all of the legal issues related to protective orders. Call today to schedule a consultation and learn more.