Restraining Order Lawyers

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Most Common Family Law Issues:

What Is a Restraining Order?

A restraining order restraining order is a court order placed against an individual. This requires the individual to either do, or not do a specific act. These court orders are typically used in domestic violence, harassment, stalking, or sexual assault cases. Restraining orders can last for several days to several years, and can include criminal penalties if violated.

What Is Included in a Restraining Order?

Restraining orders can contain a variety of provisions. The following examples use “Al” and “Beth” to illustrate each type of provision:

*Restraining orders can include and protect other family members, friends, and children.

How Long Do Restraining Orders Last?

There are three types of restraining orders:

Enforcing Restraining Orders

Restraining orders typically involve civil disputes (non-criminal) and can only be enforced through a civil proceeding. The police are the enforcers of court orders, but the level of enforcement can vary depending on the police department. The best way to enforce a restraining order is to file a request with the Court to find the other party in contempt or in violation of the restraining order

Additional Information about Restraining Orders

Many advocacy groups, such as battered women’s clinics, can help an individual fill out the restraining order forms for little to no cost.

After a restraining order is granted, report any and all violations to the court. The restrained person could be held in contempt of court if the violations reflect a pattern.

Make sure the restraining order does not conflict or violate existing child custody or visitation orders. Also make sure the court modifies child custody or visitation orders when a restraining order is issued.

Do I Need an Attorney to Get or Contest a Restraining Order?

Yes. Restraining orders are of a sensitive and serious nature, and speaking with an experience family law attorney can be helpful. The right attorney can inform you about your rights and preserve any possible remedies you may have. 

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Last Modified: 11-17-2014 05:02 PM PST

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