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Restraining Orders in San Fernando Valley

Protecting Your Family

Victims of domestic violence, spousal abuse or harassment have the legal right to file a restraining order against the person who has been abusing, stalking or otherwise injuring them. There are several different types of restraining orders which may all apply to a person's situation in a different way. A lawyer at Cutter & Lax can work to review your case and determine what type of restraining order you may qualify for. Your immediate protection is very important to our firm, and we can fight to get a temporary or long-term restraining order.

How Do Restraining Orders Work in California?

Restraining orders, also known as protective orders, are court orders barring someone from having any contact with a named person, or from visiting a certain location. Restraining orders are usually issued once an alleged victim files documents with the court seeking a restraining order. A restraining order is normally granted due to threats of physical violence, harassment, stalking or domestic abuse.

There are four types of restraining orders, given for differing reasons:

  • Civil Harassment Restraining Orders - This restraining order could be used for protection from neighbors, roommates, or co-workers. It is not for protection against a close family member.

  • Criminal Protective Orders - A protective order is an order issued by a Judge to protect a witness or victim of a crime. They are usually associated with domestic violence.

  • Domestic Violence Prevention Act Restraining Orders - This order protects you from physical violence, a verbal threat, or harassing behavior by someone the person wanting protection is close to via marriage, a relative, an ex-boyfriend or girlfriend. It is only valid for three weeks; however, it can be made permanent for up to three years in specific circumstances.

  • Emergency Protective Order - These are for emergency situations. If you are in danger, you can ask a law enforcement officer to request one of these from a Judge. An Emergency Protective Order is only good for 5 court days or 7 calendar days.

If you or a loved one has been threatened or harmed, you should contact one of our lawyers about a restraining order. A restraining order is a civil action that will clearly state what type of contact, if any, will be permitted between the person who made threats or committed violence against another person.

Often in domestic violence situations a restraining order is the most effective method of preventing the perpetrator from coming within a certain distance of their home, work, or school. Use of restraining orders is the best way to help prevent any further instances of violence or threats.

How Long Does a Restraining Order Last in California?

The duration of a restraining order depends on the type. For example, a temporary restraining order typically lasts between 20 and 25 days/until the court date. A permanent restraining order isn’t really permanent—it usually lasts up to five years. However, if you still need protection, you can request a new one once it expires.

Do I Need an Attorney for a Restraining Order?

The person you file a restraining order against may be able to challenge this in a hearing, in an attempt to have the restraining order lifted. A lawyer's representation will go a long way in ensuring that your much-needed restraining order remains in place. Do not let your safety be jeopardized simply because you do not have the legal representation to prove that your restraining order is valid and necessary. Take the necessary steps to protect your family and avoid harassment and abuse. Contact Cutter & Lax to receive a free case evaluation.

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