Do you know
what a restraining order is? While most people know that they are available for
people who are victims of domestic abuse, stalking, and other crimes, they are
able to do more than that. It is also possible to get one of these orders for
those who are facing civil harassment. Many do not know much about the orders
beyond those elements though. For example, do you know how to file a
restraining order? Do you know what the burden of proof is or what rights you
have when you have a restraining order against someone? It is important to
understand all of these different elements. It’s best to get advice from a divorce attorney in Fresno, CA
The biggest
reason that people get restraining orders is as a means to help protect against
domestic violence. The violence can include a variety of different types of
crimes, including assault, harassment, sexual assault, criminal trespass,
lewdness, burglary, terroristic threats, false imprisonment, and more. In the
state of California, the abuser needs to be a boyfriend or girlfriend, spouse
or former spouse, live-in companion or parent of your child.
Filing for a
Restraining Order
Those who
want to file for a restraining order will want to visit their local county
court. In the state of California, you will need to fill out the forms for
domestic violence (DV-100 and DV-110). You can actually find the forms online
and then simply turn them in to the court clerk. A judge will then look at the
forms and determine if you have grounds to receive a restraining order. The
judge has one business day to make this decision.
You can
return to the court to see if the judge agreed to your request. You will then
receive five copies of the temporary restraining order. This is good for three
weeks, and you should always keep a copy on you. You also have to serve the
abuser with the order. Anyone who is over 18, except for the person who took
out the order, can serve the paperwork to the abuser. Law enforcement officials
may do it as well.
You will soon
receive an appointment for a hearing so you can ask for a permanent restraining
order, which will usually last from 3 – 5 years. Once the judge signs it, it is
in effect, although you still have to send it through the court clerk.
What Does the
Order Do?
When you have
a restraining order, it will prevent the abuser from coming to your home, work,
or school, and keeps them from coming within a certain distance of you, calling
you on the phone, emailing and texting you.
