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Restraining Order FAQ

How do I know what type of restraining order I need?

The type of restraining order that will be used to protect you and your loved ones from harm will depend on your personal situation. There are basically four types, involving different situations:

  • Civil Harassment Restraining Order: This type is used to stop harassment or stalking, by people other than a family member or someone residing with you.
  • Criminal Protective Order: Issued in active domestic violence cases through the District Attorney.
  • Domestic Violence Temporary Restraining Order: This type is normally effective for three weeks for a domestic violence victim, but can be made into a permanent restraining order for up to 3 years.
  • Emergency Protective Order: Used for domestic violence victims in an emergency to immediately protect their safety in a threatening situation. It is only valid for 5 days.

​Do I need a restraining order?

If you have been the victim of abuse, harassment, physical violence, stalking or threats, then you might be in need of a restraining order to protect you and your family. It is best to contact an experienced restraining order attorney to have him determine what is best for your situation.

What happens if someone violates a restraining order?

Should the individual who has been issued a restraining order to remain away from you Intentionally and knowingly violate a protective or restraining order, it is punishable as a misdemeanor that could land that person in jail for up to a year, and earn a fine of up to $1,000, or both.

Is it hard to get a restraining order against someone?

Restraining orders are issued civilly and can be sought after by people who believe they are victims of crime, violence or harassment. The alleged victim must first file for and receive a temporary restraining order with the assistance of an attorney. Temporary restraining orders are generally granted and do not require a high burden of proof. A hearing will later be scheduled to determine if there is sufficient evidence to grant a permanent one.

What if I have been falsely accused of harassing someone?

If you find yourself in this situation, Cutter & Lax strongly recommends hiring a law firm to defend you and review your options before the matter worsens. If a restraining order is issued, you need a representative at the restraining order hearing. You have the right defend yourself by testifying, calling witnesses and your attorney can cross examine the person who has brought the restraining order to court. You need a professional to have a proper defense prepared against the allegations.

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