family law

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James D. Madden & Aruna P. Rodrigo, Family Law Attorneys

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 consequences include:

  • 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.

Stay-Away Orders

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 or school.
  • 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.
  • Harassment.
  • Sexual assault.
  • Threats.
  • Stalking.
  • 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.

Put Experience on Your Side