We have rules to protect us and there are legal consequences for those who break those rules.
Restraining orders or protection orders keep you, your property, your legal rights, and your children safe before something drastic happens. It is a court order directing someone to do or not to do certain things. It is an essential tool in the divorce and family law setting.
As a general rule, you must have a close personal relationship with the person posing the threat, such as your spouse, domestic partner, someone you are dating or a relative. The most common reasons to request one is because of domestic abuse, harassment, stalking or neighborhood disputes. They are used to protect children’s safety and/or legal rights.
The scope of the restraining order is wide, depending on the circumstances. The conditions include orders not to:
- Come near the person
- Call, email, send letters, text or otherwise contact
- Enter the family home
- Remove children from the state
- Sell marital property
- Possess or buy a firearm
There are three types of restraining orders:
- Emergency protective order – Goes into effect immediately and often issued for domestic violence calls. It’s valid for less than a week, giving the person time to apply for a more permanent one
- Temporary restraining order – Also short-term, usually for less than one month. It protects you until a hearing can be held and a more permanent one issued.
- Permanent restraining order – Issued once a hearing is held and valid for several months or years, depending on the circumstances
The law is here to protect you and your family at all times. Don’t hesitate to use that protection to stop anyone who threatens your rights and safety.
If you would like more information about restraining orders, call the Orange County family law offices of Amy M. Montes for the help you need.
