Domestic restraining orders exist to protect individuals from abuse or harassment from another person, specifically a spouse or domestic partner. They are awarded with the intent of protecting the victim from the abuser.
The restraining order prohibits the abuser from going to the victim’s home or place of employment, having written or oral communication with the victim or from stalking and/or abusing the victim. The judge decides how long the order will stay in effect. If the order is violated, the individual may be fined or sentenced to jail time.
With a temporary restraining order, it does not take effect until the restrained individual is served with the order. Once there is a hearing, the order is permanently put into place. A permanent restraining order comes into play after the judge rules that it is necessary because the safety of the victim is at risk.
If you believe you need a restraining order and have questions regarding how to obtain one, contact an experienced Orange County Family Law attorney who will explain the process to you and make sure your rights are protected.
