Restraining Orders

Nowadays restraining orders are quite common. In fact, on any given day, there are approximately 1.2 million domestic violence restraining orders in effect across the United States. However, the knowledge that restraining orders are commonplace likely provides little comfort when one is issued against you personally. What might help is getting some of your questions answered. Therefore, if a restraining order has been issued against you we recommend that you first read through the frequently asked questions that have been answered below and then ask a local criminal defense attorney any case-specific questions that you might have.

Q: What is a restraining order?

A: A restraining order (commonly referred to as a “protective order”) is an order issued by the court that is designed to protect a particular individual from being abused (either sexually or physically), stalked, threatened, or harassed by someone else. Most states have several different types of restraining orders, each of which functions in a slightly different fashion.

Q: What are the different types of restraining orders that are available?

A: There are different types of restraining orders that are available: (1) domestic violence restraining orders, (2) elder or dependent adult abuse restraining orders, (3) civil harassment restraining orders, and (4) workplace violence restraining orders.

Q: What does a restraining order do?

A: Restraining orders are individually tailored to suit the particular circumstances under which they are issued but they often include the following types of provisions:

·       Personal conduct orders

·       Stay-away orders

·       Move-out orders

Q: What’s the difference between a temporary restraining order and a permanent restraining order?

A: Generally speaking, a temporary restraining order is issued when the presiding judge believes that the individual who is petitioning for the restraining order is in immediate danger. This temporary order can be replaced with a permanent order (which is usually valid for a few years) after an official hearing has been conducted during which the allegedly dangerous individual against whom protection is sought has had an opportunity to argue why issuing a protective order is not justified.

Q: What should I do if a restraining order has been issued against me?

A: The answer to this question depends a bit on whether the restraining order that was issued against you is temporary or permanent, but it is always a good idea to take the following measures:

·       Read the order carefully and be sure to abide fully by each provision.

·       Attend the court hearing at the time and location specified on the Notice of Court Hearing.

·       If you would like to tell your side of the story in opposition to the restraining order be sure to file a response before your court hearing is scheduled to take place.

Call a Skilled Criminal Defense Attorney If You Have Been Charged

If you have been accused of domestic violence, contact an experienced lawyer, like a criminal defense lawyer in San Francisco from the Morales Law Firm, to review your case and discuss your legal options.

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