How Do I Get a Restraining Order?August 8, 2022
People who come to us for legal advice often ask how they can get a restraining order. We can certainly get one for you very easily, but the first step is to determine whom you need protection from. Restraining orders come in different types, and each one protects against different kinds of harassers.
If you’ve been physically harassed, assaulted, or threatened by another individual, you may request a restraining order that lawfully prohibits the harasser from contacting you and coming near you, your family, home, and workplace.
What Kind of Restraining Order Do I Need?
As previously mentioned, there are different kinds of restraining orders, and the one you need will be based on who you need protection from. These orders include:
- A domestic violence restraining order can protect you, your family, and household members from individuals you were romantically involved with, such as your current or former partner or spouse, or close relatives like a child, parent, sibling, grandparent, or in-law.
- A civil harassment restraining order can protect you against individuals that you might have a close relationship with, such as a roommate, friend, acquaintance, neighbor, or relatives more than two degrees removed, including an uncle, aunt, cousin, nephew, niece, or other distant relatives, as well as individuals you’re not closely related to.
- A workplace harassment restraining order can protect you against an individual at work but enables you to continue working in the same workplace together. Your employer must request a restraining order on your behalf. This protection of this order can likewise extend to your family and household members.
- A dependent adult or elder abuse restraining order can protect individuals who are 65 years old or older or dependent adults who are between 18 and 64 years old.
What Are The Requirements For Getting a Restraining Order?
California courts require tons of paperwork to be completed and filed on time to obtain a restraining order. We will collect information specific to your situation, prepare all the paperwork, and ensure that they contain accurate information. If needed, we will investigate your case to support your request for a restraining order.
After we’ve filed your paperwork, the judge will review them and decide whether to give you a temporary restraining order, which is effective for 21 days. Once the judge has issued a temporary restraining order, they must then figure out whether your temporary restraining order should be a permanent restraining order.
If, after hearing the evidence, the judge determines that making the restraining order permanent would be in your best interests, the judge will issue a permanent restraining order that can last up to five years.
Speak to a Skilled Ventura Restraining Order Attorney Now
If you have questions or concerns about getting a restraining order or need to defend a restraining order against you, the Ventura restraining order attorney of Bamieh & De Smeth is here to help. Contact us online or call our office at 805-643-5555 to arrange a free case evaluation with our Ventura restraining order attorney now.