A restraining order is used to protect oneself against certain conduct from another individual. Restraining orders tend to make national news when celebrities are forced to file them against stalkers. But you don’t have to be in the public eye and it doesn’t have to be a stranger who is threatening you to get a restraining order. In fact, often times the person an individual is filing a restraining order against is someone the victim knows personally. Conduct such as violence, abuse, threats, stalking and even annoying behavior such as excessive contact via email, text message, telephone calls or in-person contact are some examples that can be restrained by the court.
If it exists, the court will grant a temporary restraining order on an emergency basis and then set a hearing to determine if a permanent restraining order should be granted.
If at the hearing, the court determines that a permanent restraining order should be granted it can do so with the average length being 3 years typically granted by the courts.
Some terms as it relates to a Restraining Order include:
“Protected party:” the one seeking a restraining order;
“Restrained party:” the one against whom the restraining order is sought;
“TRO:” Abbreviation for temporary restraining order.
“Permanent restraining order:” One that is granted for a time period generally a period on average of 3 years.
On many occasions, restraining orders can be abused by individuals seeking to gain an upper hand in child custody matters when a spouse attempts to get a restraining order on the other spouse.
The experienced and skilled San Bernardino family law attorneys at Wallin & Klarich Law firm have been helping individuals seeking a restraining order or defending one for over 30 years. If you need representation for domestic violence issues related to divorce or a civil harassment matter, call our firm immediately for a consultation. Call us to set up an appointment.
