What Should You Do If You Receive a Restraining Order?

The court will grant a person a restraining order if a judge believes that the person needs protection from another individual. If you are on the receiving end of a restraining order, you may be confused and even agitated.

A restraining order needs to be taken seriously, and it is important that you understand the parameters of the restraining order issued against you. Before you do anything else, you should contact our Ventura assault lawyers.

The Basics of a Restraining Order

A restraining order is a court order that prohibits a person from taking a certain action. It is usually filed in domestic violence cases, requiring that you maintain a certain distance from a person or other entity.

In California, you can obtain a domestic violence restraining order against the following people:

• Someone you dated
• Someone you had a romantic relationship with
• Spouse
• Domestic Partner
• Child
• Parent
• Grandparent
• Sibling
• In-Law

A restraining order may include a variety of orders, such as:

• No contact
• No harassing, stalking, or threatening
• Stipulating a certain distance that you must stay away from the protected person
• Making you move out of the home of the protected person
• Making you pay child support
• Making you pay spousal support

Types of Restraining Orders

Restraining orders can be categorized in the following ways:

Emergency Protective Order (EPO)

According to California Family Code §6251, a police officer can request an EPO, which must be issued by a judge or commissioner. An EPO will take effect immediately and is enforceable for one week after issuance.

Temporary Restraining Order (TRO)

A TRO will be issued by a judge when it is believed that you are in immediate danger. It will remain in effect for 20 to 25 days until you are issued a permanent restraining order.

Permanent Restraining Order (PRO)

To obtain a PRO, a court will first issue a temporary restraining order, followed by a court hearing to determine if a PRO is necessary. If the court believes that the person asking for protection is in danger, then a judge will issue a PRO. A domestic violence restraining order will last for five years.

What if a Restraining Order Was Filed Against Me?

If someone filed a restraining order against you, under no circumstances should you go see that person. Law enforcement has no qualms about enforcing restraining orders, and if you violate a protective order, you may be spending up to one year in jail. If that is not bad enough, you may also be ordered to pay $10,000 in fines.

When you were served your court papers, you may have been given a DV-110. You should review that form and follow any instructions on it. Failing to follow these instructions could result in your arrest.

The DV-109 will list a hearing date in which you will need to appear in court. You should definitely attend the hearing if you plan on fighting the restraining order. As soon as possible, you should contact a Ventura assault lawyer to represent you.

Contact a Ventura Assault Lawyer Immediately

Violating a restraining order will likely result in criminal action. If you have been issued a restraining order, our Ventura assault lawyers are available to help. Contact us today online or by calling 805-643-5555 to learn more.