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What Do You Need to Know About Restrianning Orders?

Posted by Dan Kann | Feb 28, 2022 | 0 Comments

There are often cases where it is necessary to get a Restraining Order from the court. Women and men can find themselves in formal and informal relationships where they are being physically abused, stalked, chased, hurt or imprisoned, and they need to get help from the court with a Restraining Order for safety. People rarely start a relationship showing a violent side, and it is all too common that the perfect relationship turns into something far from ideal, with violence from the hand of one person to another.

If someone is hurting you or threatening to hurt you in the future, you will want to consider obtaining a Restraining Order to protect you from physical violence, threats or harassment. This order is issued by a court, and it will help protect you and your family, if an abuser is threatening you right now. In the event that the abuser does violate the conditions of the Restraining Order, then the police can make an arrest on this individual to keep you and your family safe from harm. Violating the conditions of a Restraining Order can be prosecuted as a criminal offense.  

Obtaining a Restraining Order

You can fill out the paperwork to initiate a Restraining Order by:

1. Filling out the paperwork at the courthouse in your jurisdiction

2. Go over your paperwork with an attorney

3. Set the matter for a Permanent Restraining Order hearing

4. Have the person who the Restraining Order is being filed against served with notice

4. Attend the final hearing to get the final order

Who May You Need to Get a Restraining Order Against?:

· Someone attempting to cause you bodily harm

· Someone who is putting you in fear of imminent serious bodily injury

· Someone who has sexually assaulted you

· Someone who is stalking you at home or at your job

· Someone that you know is sexually or physically abusing a child

· Someone who is interfering with your ability to move freely

· Someone doing something that would be considered a National Center on Elder Abuse or a NCEA Red Flag of Abuse

Once the Restraining Order is put into place, the person making threats to you is put on notice to leave you alone. This means that you will not contact the person either, to initiate any communication with the person who you are being protected against. If that person does violate the order, then you can call the police, and the individual making threats to you or stalking you can be jailed up to 6 months, or fined up to $1,000 or both punishments.

If you have questions regarding obtaining a Restraining Order, get in touch with us here at the Kann California Law Group right away. We understand the sensitive nature of discussing this type of case where there have been threats to you or your family. We know what to do, and can advise you of the necessary next steps, to help you find safety for yourself or a family member after being threatened or stalked. We are here to answer any questions that you might have regarding your situation. You can give us a call today at 866-744-7730 or contact us through our confidential contact form.

About the Author

Dan Kann

Daniel E. Kann has devoted his entire legal career exclusively to defending individuals facing criminal prosecution in Southern California. Dan fights criminal cases throughout Los Angeles, Ventura, Orange, Kern, Riverside and San Bernardino Counties.


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