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What Is a Restraining Order and How Will it Protect Me?
September 16, 2016
Domestic abuse is all too common, and for many victims, a restraining order is their only option. You might be wondering, “What is a restraining order?” If so, you aren’t alone.
Here are four things you should know about gaining protection under the law.
What is a restraining order?
A restraining order is a civil order intended to protect a victim from further harm from their abuser, who could be an intimate partner, spouse, relative, ex boyfriend or girlfriend, or even a stranger. Also called an “order of protection,” it establishes very specific rules regarding what the abuser can and cannot do. Typically, the restraining order prohibits the abuser from having any contact, either in person or by phone, with the victim and sometimes the victim’s family. The conditions of the restraining order are usually set by a judge in court.
Who can file a restraining order?
Anyone who has been subjected to domestic violence may choose to file a restraining order. A victim in this case is anyone who has been abused by a spouse, romantic partner, or present or former household member. This includes individuals over the age of 65, who may file an elder abuse restraining order.
How long does a restraining order stay in effect?
When you are first granted protection under the law, it is considered a “temporary restraining order,” or T.R.O. This initial T.R.O usually lasts about 10 days. You and the abuser must both appear in court on a specified date to determine the future of the restraining order.
How do you obtain a restraining order?
You will have to explain your situation to a judge. Both you and the abuser will have the opportunity to tell each side of the story. It is recommended that you find an attorney, though it is not mandatory. After the hearing, the judge will decide the terms of the restraining order. Keep in mind that the judge can refuse your request for a restraining order if they believe you are not in danger. If the abuser does not appear at the hearing, the judge can either continue the temporary order or move forward with a final protective order.
If you or a loved one is the victim of domestic abuse, don’t hesitate to file a restraining order. Protection under the law can save a life. Check out local attorneys and choose a family lawyer for essential legal assistance.
Looking for family lawyers in Kings County, California? Contact The Martin Law Firm for a consultation.