Filing a Restraining Order
Do You Know The Steps You Need To Take?
If you find yourself in a situation where you feel afraid, hurt or threatened
and you can’t see an avenue out, you may need to pursue legal action
in order to protect yourself and those whose safety you are worried about.
Countless people face domestic abuse every year, and far too many find
themselves unable to find a way out. California law has a number of protections
in place that victims can seek in order to regain control of their lives
and escape their abuser, and an experienced family law attorney can help
you take the next step.
Fill out our online form to start out with a free consultation.
At James D. Madden, Attorney at Law, our Rancho Cucamonga family law attorneys
have provided hundreds of families and individuals with the experienced
legal representation they need to secure the outcome they deserve. Domestic
violence is often a complicated and contentious issue to tackle, but our
attorneys have the knowledge and experience necessary to ensure you end
up in the best possible situation. Contact us today to speak with a member
of our firm and plan the next steps you need to take.
How Can A Restraining Order Protect Me?
Restraining orders can carry a number of consequences for the person being
restrained that, if broken, may result in fines and / or jail time. Some
- Affect their immigration status if they are in the process of applying
for a visa or green card.
- Prevent them from purchasing or owning a gun. If they already possess a
firearm or firearms, they may be required to store, sell or turn them in.
- Prevent them from coming in contact with their children.
- Require them to move out of their home.
- Restrictions may be placed on what activities they take part in or what
locations they are permitted to visit.
In general, there are three main types of restraining orders that each
carry different consequences.
Residence Exclusion Orders
These orders, also referred to as move-out or kick-out orders, force the
restrained person to move out of their home if they share a residence
with the person filing the restraining order. The restrained person is
only allowed to remove their clothing and personal belongings until the
court hearing, and can only be asked for in cases of dependent or elder
adult abuse or domestic violence.
These restraining orders restrict the restrained person from coming within
a certain distance (100 yards, 200 yards, etc.) of:
- The person who filed the restraining order.
- The person who filed the restraining order’s car.
- The person who filed the restraining order’s children’s daycare
- The person who filed the restraining order’s workplace.
- The person who filed the restraining order’s home.
- Other locations where the person who filed the restraining order is likely to go.
Personal Conduct Orders
These restraining orders restrict the restrained person from performing
certain actions against anyone named as a “protected person”
in the restraining order. Actions that can be restricted include:
- Disturbing the peace.
- Destroying personal property.
- Sexual assault.
- Battering, striking or otherwise attacking.
- Coming in contact with via email, phone call or any other type of messaging.
Give us a call at (909) 992-0188 to speak with a member of our firm today.
Hire An Experienced Lawyer Today
If you ever find yourself in a situation where you need to file a restraining
order, contact the Rancho Cucamonga family law lawyers at James D. Madden,
Attorney at Law. With nearly 20 years of experience and hundreds of cases
under our belt, we will work with you to ensure that you secure the outcome
you need to move on to the next phase of your life. Call us at (909) 992-0188
to speak with one of our lawyers, or
fill out our online form to receive a free case consultation today.