In California family law cases, including divorces, child custody and domestic violence disputes, the court can issue a temporary restraining order to prohibit certain conduct and contact between certain persons. Temporary restraining orders are common when there have been allegations of domestic violence. There are different types of restraining orders that may be issued, with each having different lengths of time they are in effect. For assistance with temporary restraining orders, contact the Livermore family law attorneys from Tierney Law Group.
What are the different types of temporary restraining orders?
The different types of restraining orders include:
1) Civil Harassment Restraining Order: an order that prevents future harassment that will be in effect until a court hearing can be held, which is ususally within 15 to 22 days.
2) Domestic Violence Protective Restraining Order: an order that protects victims of domestic violence anywhere from 3 weeks up to 5 years, depending on the severity of the allegations.
3) Criminal Protective Order: an order that is issued for active domestic violence cases where criminal charges have been filed and lasts for up to five years.
4) Emergency Protective Order: an order issued by the law enforcement that is legally valid for up to 5 days.
What is the benefit of obtaining a restraining order?
A temporary restraining order will provide increased security and protection. While the order itself does not guarantee that the restricted individual will refrain from contact, it provides for significant consequences if it is violated. This provides an incentive for the person to comply.
These orders may be especially useful in situations where children are placed at risk and subjected to violent situations.
For assistance in obtaining a temporary restraining order, contact the Livermore family law attorneys from Tierney Law Group. We will help you understand your options and can provide legal advice about how you should proceed.