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Restraining Orders

In California, there are two main types of restraining orders:

If you are a victim of domestic violence you can seek a domestic violence restraining order, and criminal protective orders. Criminal protective orders are issued in cases where criminal charges are pressed.

A domestic violence restraining order is issued by the family law courts, and requires no pending criminal charges. These domestic violence restraining orders are issued on an ex parte basis, and set for a hearing in a short period of time. At the hearing, courts can issue longer restraining orders, anywhere from 1 to 5 years.

Domestic violence protective orders are appropriate in cases where the parties are seeking a divorce. The party applying for the order must show a danger of some imminent harm. To get a long term order, Under California Family Code section 6300, restraining orders may be issued "to restrain any person for the purpose of preventing a recurrence of domestic violence and ensuring a period of separation of the persons involved, if an affidavit . . . shows, to the satisfaction of the court, reasonable proof of a past act or acts of abuse." Abuse can mean stalking, physical abuse, harassment, making telephone calls, or otherwise threatening a person's safety.

A good attorney can fight Restraining orders, knows the Devastating Ramifications of having a Restraining Order Granted against you, and understands why you do not want a permanent Restraining Order on your record. Don't take anything for granted. Contact Attorney Richard K. Isles for a consultation before taking the law into your own hands.

Call our office for a consultation, and learn your rights. You will be glad you did!

(951) 352-8700 or toll free (888) 513-5924 

 


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