Reasons to Get a Restraining Order in California
There are many reasons to get a restraining order. Learn everything you need to know to get started here.
What Are the Reasons to Get a Restraining Order?
A restraining order is a court order that can be obtained for various reasons. One of the most popular reasons is to prevent someone from contacting, harassing, or stalking you. For example, in a divorce procedure, you can get a restraining order to prevent your ex-spouse from contacting or approaching you and your children, especially if there is a threat of physical or psychological violence, such as emotional abuse.
On the other hand, you could seek a restraining order to protect property damage and destruction. The nature and duration of the court order may differ depending on the scenario that you are in.
Valid Reasons to Get a Restraining Order
One of the most common reasons a person obtains a restraining order is because they have been threatened or mistreated physically or mentally. A restraining order prevents your abuser from contacting, harassing, threatening, or interacting with you if you can establish that you or your children are in danger.
It requires your abuser to leave your house, prevents them from visiting your workplace or your children’s school, and can ban them from certain actions like making phone calls to you or having a firearm. If your abuser breaches the restraining order in any manner, they can be arrested and put in jail right away.
How to Get a Restraining Order on Someone
The only method to get a restraining order is through the judicial system. If you need a restraining order immediately due to domestic violence, you can petition the court for an emergency hearing. The court considers your motives for requesting a restraining order, and if one is granted, it must be properly served on the accused.
In a divorce proceeding where domestic violence is involved, you may get a restraining order at the initial procedures or at any point later on. It might be included in the final divorce decree or issued separately. Many states require that a restraining order be lodged with the local law enforcement agency in a domestic violence case. Try enlisting the services of a professional if you want advice in obtaining permanent or temporary restraining orders
I, Valery Nechay, am the founder of The Law Office of Valery Nechay in San Francisco. I can help you in your time of need. Restraining orders can be used both ways, either as a manipulative tool against you or as a true order of protection for you and your children.
If you wish to obtain a restraining order or know more about what they imply, do not hesitate to contact me at 650-761-0148 for a free consultation on your case.
Requirements to Get a Restraining Order
There are only a few conditions that must be met in order to get a restraining order. In California, the youngest age to file a restraining order is 12 years old, and this can be done without the assistance of a guardian or parent. You must demonstrate to the judge that the individual against whom you seek to file a restraining order is a threat to your bodily or mental health.
Minors can be served with restraining orders by their parents. A restraining order can be obtained by any youngster who lawfully lives on their own. The youngest age at which a restraining order can be obtained varies by state. The age limit in most states is between 14 and 18. In San Francisco, California, a minor can receive one when they are 12 years old.
What Do You Have to Do to Get a Restraining Order?
The restraining order process is relatively simple, but legal documentation can be difficult to understand. Please don’t be hesitant to seek the assistance of a criminal defense lawyer when submitting the order; doing so will ensure that it is done right the first time. A restraining order attorney can also help you incorporate specifics about the order that will increase its chances of being approved by the court.
Remember to seek emotional support in addition to legal assistance. Contact friends or family members to assist you through this trying period. Consider visiting a therapist or joining a support group for abuse or stalking victims. Allow your children to see a therapist as well. Domestic violence can have long-lasting negative effects on your well-being, but proactive measures can lessen its impacts.
When to File a Restraining Order
You may request a restraining order to protect yourself and your children from an abuser or stalker. If your abuser has caused you bodily or mental harm in the past, or if they represent a potential threat in the future, you will likely benefit from obtaining a restraining order.
Several activities can be classified as threats. If the perpetrator threatens or inflicts bodily damage on you or your children through assaults, blows, or violent physical contact, you should consider the benefits of restraining orders.
If the perpetrator commits sexual assault or molestation against you or your children, it is abuse. If they harass or stalk you or your children, it is also very dangerous and can result in physical domestic violence later on, so quick action is essential.
Who Can Apply for a Restrictive Order?
Anyone who is harassed may seek a domestic violence restraining order from the District Court if the harasser is not (and has never been) in a familial or domestic relationship with the victim.
Harassment in family relationships may constitute family violence as defined by the Family Violence Act. Under the Family Violence Act, a person in this position can petition to the Family Court for a Protection Order.
A child (someone under the age of 17) can seek a restraining order with the assistance of an adult who serves as their representation. However, the child will be given the opportunity to express their opinions in court, and the judge will be required to examine those opinions while keeping the child’s age and maturity level in mind.
In rare situations, an adult may also require assistance or representation in order to petition for a restraining order. For instance, if a welfare guardian has been established for someone who is unable to make choices for himself or herself, the welfare guardian must apply on behalf of the individual.
How Long Does a Protective Order Last?
A permanent protection order is valid for the time period specified in the order, which is usually up to two years. If no time limit is specified on the order, it will expire on the second anniversary of the day it was issued.
However, the court may issue an order for more than two years if any of the following conditions are met:
- Even if the abuser was never prosecuted or convicted of the violation, the abuser performed an act that would be deemed a criminal offense involving family violence against you or a member of your family or household;
- The abuser inflicted substantial physical harm to the protected person or a member of your family or household;
- The same petitioner (you or your kid) has had two or more protection orders issued against the abuser in the past, and in each of those previous instances, the judge determined that the perpetrator committed domestic abuse and was likely to conduct family violence in the future.
How Long Does It Take to Serve a Restraining Order?
The temporary restraining orders are issued right away. You will be issued with a summons or given a chance to appear in court within a day or two.
At the hearing, you usually have the option of either conceding or contesting. This is the hearing before a judge who will determine whether or not to give a permanent order. The purpose of the hearing will be to assess whether or not the individual has engaged in domestic abuse. This would imply that they committed one of the following acts:
- Causing or trying to inflict bodily harm to the victim
- A sexual attack on the victim
- Instilling fear in the victim that they or another person may suffer immediate significant physical harm
- Individuals’ fundamental necessities are being neglected – directing, controlling, or monitoring movement.
The individual who files will be there, ideally accompanied by a lawyer, to demonstrate their need for restraining orders. The permanent order is either granted or denied by the judge.
You have the option of conceding or contesting. The filer will be able to proceed and present evidence against you if you win the trial. If you concede, the order is entered against you despite no proof being presented. The judge determines whether or not to grant relief.
If you need to learn more or file, even contest a restraining order in San Francisco, California, contact a criminal defense lawyer at the Law Office of Valery Nechay. I can represent you in such dire situations and work diligently to help you and your children to get away from the abuse.
Do not hesitate to contact me directly at 650-761-0148 for a free consultation on your case. You are not alone in this battle. It’s time to stop the abuse and get your life back to normal.
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