Restraining Orders
If you want to file a restraining order against someone or if someone has filed a restraining order against you, you need an attorney. Call The Law Office of Joshua Webb so that I can help you get what you want. I have successfully prosecuted and defended my clients in the restraining order courtroom.
What is a Restraining Order?
A restraining order is a court order that restrains one person and protects the other person. It usually restrains a person from doing things to the protected person or being near the protected person. Restraining orders are not mutual. This means that the protected party cannot violate the restraining order. In other words, the protected party can contact the restrained party without violating the court order.
The most common type of restraining order is a Domestic Violence Restraining Order. If the abuse does not qualify as a Domestic Violence Restraining Order, then there are other types of restraining orders referred to as Civil Restraining Orders. Civil Restraining Orders can be used for neighbors, roommates, and co-workers.
What is a Domestic Violence Restraining Order
A Domestic Violence Restraining Order is a court order that is signed by a judge that orders the restrained party not to contact the protected party. It also restrains the restrained party from annoying, molesting, harassing, sexually assaulting, striking, or hitting the protected party.
Who can get a Restraining Order?
If you or your children have been the victims of domestic violence you can file for a Domestic Violence Restraining Order.
These types of restraining orders are issued for parties who are or were connected in one of the following relationship categories:
- spouses
- former spouses
- parents of a child
- cohabitants
- former cohabitants
- parents/children
- siblings
- present or former "dating relationship"
Persons in these relationships can apply for a domestic violence restraining order due to physical abuse, emotional abuse, and/or malicious property damage committed against them by the other party.
How will the Restraining Order help you?
The Restraining Order will order the person to stop the abuse of you, your children, or the people that live with you. As part of the Restraining Order you can ask the Judge to grant additional orders such as:
- Child custody and visitation orders
- Removal of child
- Child Support
- Property Control: You may ask the judge to give you full control over the things you own together such as a car and other household items
- Giving up firearms: You may ask the judge to have your abuser sell his guns or turn them over to the local police station
- Restitution: You may ask the judge to order your abuser to pay back money you lost as a result of missing work or other expenses
- Attorneys fee & costs: You may ask the judge to order the abuser to pay part or all of what you paid your lawyer
- Other: You may ask the judge to order things that you need to keep safe
How long does the Restraining Order Last?
A temporary restraining order lasts from the time the application for the restraining order is filed until the hearing on the permanent restraining order is heard by the Judge. If the Judge issues the permanent restraining order it lasts up to three years.
Once the judge signs the restraining order, it will be entered into a public records database known as CLETS System (California Law Enforcement Telecommunications System).
What if the Restraining Order is Violated?
If the restrained party violates the restraining order he/she can be arrested a prosecuted. Violation of the order can lead to a criminal conviction and jail time. If you or someone close to you has been served with a restraining order it is very important to hire an attorney to help you fight your case.
Do I need a Lawyer?
You do not necessarily need a lawyer to file for a Domestic Violence Restraining Order.
If you have been served with a restraining order and are defending against it, it is wise to have an attorney to represent you in court.