In today's world, it's not unusual to hear about restraining orders on the news. However, some people may be unclear on what a restraining order is and how it works. A restraining order is a legal document issued by a court that can help protect someone from harassment or harm.
Types of Restraining Orders
There are two types of restraining orders: domestic violence restraining orders and civil harassment restraining orders. Domestic violence restraining orders are for abuse victims from someone they have a close relationship with, such as a spouse or partner. Civil harassment restraining orders are for victims of harassment by someone they are not in a close relationship with, like a neighbor or coworker. Knowing which type of restraining order applies to your situation is important.
Obtaining a Restraining Order
You must go to your local court to obtain a restraining order and fill out the necessary paperwork. It's important to be thorough and precise in describing the harassment or abuse you are experiencing. A judge will review your case and decide whether to issue a temporary restraining order, which will last until a court hearing where both parties can present their case. If the judge continues the restraining order, it can last several years.
Defending Against a Restraining Order
If you are receiving a restraining order and believe it to be unwarranted, you can speak with an attorney to help defend yourself. Taking the restraining order seriously is essential, as violating it can result in legal consequences. At the restraining order hearing, you can present your case to the judge and argue against the restraining order being issued against you.
Consequences of Violating a Restraining Order
Violating a restraining order can lead to serious legal consequences, including arrest and jail time. It's crucial not to violate a restraining order under any circumstances. If the order needs to be modified or lifted, it's important to work with an attorney to make those arrangements legally.
San Bernardino Family Law Attorney
If you or someone you know is in need of a restraining order, our team at Law Office of Michael R. Young is here to help. We understand the complexities surrounding restraining orders and can guide you through the process with compassion and expertise. Whether you need assistance in obtaining a restraining order, defending against one, or modifying an existing order, we have the knowledge and experience to support you. Don't navigate this legal process alone - contact us today at (909) 315-4588 to ensure your safety and protect your rights.