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What You Should Know About Restraining Orders in Orange County, California

  Divorce Family  Law Attorneys    December 22, 2018    152

 

A restraining order, also referred to as a protective order, is issued by a court to protect individuals from domestic violence or harassment. All states in the United States have some form of domestic violence restraining order law.

Different kinds of restraining orders available are based on the reason for request, as well as length of validity. If you are under threat and need a restraining order, it is best to seek advice from one of the many Orange County restraining order attorneys first.

1. Types of Restraining Orders

The two main types of orders are for civil harassment and domestic violence cases. The latter are the most common.

Civil Harassment Restraining Order

This is issued to compel the person deemed to be threatening the applicant to stop. It is commonly used to deal with harassment by co-workers, neighbors and even strangers. The California Code of Civil Procedure requires that an applicant prove substantial emotional distress as a result of harassment.

Domestic Abuse Restraining Order

This is sought in the case of family or spousal relationships. It is used if you and the abuser have one of the following relationships:

  • You are dating, married, separated, have been in a domestic partnership or are parents of shared children.
  • You share second degree relation. This refers to relations like parents, children, in-laws or grandparents.

There are numerous domestic violence attorneys in Orange County who can provide professional counsel.

2. How long is an order enforceable?

When an individual file for a protective order, their main concerns is just how long they are protected. In this regard there are three main types of restraining orders.

Emergency Protective Order (EPO)

This is filed by an officer of the law on behalf of the person under threat. It is filed if the officer is convinced that the person requiring protection is in immediate danger. Judges and commissioners are required to avail themselves, 24 hours a day, to issue EPO’s. Once issued, the EPO is valid for one week. Within this time the abused person applies for a temporary restraining order.

Temporary Restraining Order (TRO)

This is issued by a judge who is convinced that the abused person is still in immediate danger. It is valid for 25 days. At the end of this period, both the abused person and abuser attend court hearings and a ruling is made.

Permanent Restraining Order (PRO)

A PRO is issued by a judge following a court hearing. Both the abused person and alleged abuser must be present. If the judge believes that the abused person is under continued threat, he issues a permanent restraining order. Such PRO’s are valid for 5 years, though domestic violence attorneys in Orange County can assist to extend the period after expiry.

Conclusion

Restraining orders are an effective method of protection. However, the process of securing them can be complicated. The state of California provides a referral service through which citizens can find the perfect Orange County restraining order attorney for their specific case.

 

Divorce Family Law Attorneys is the author of this article on Orange County restraining order attorneys . Find more information,about Orange County Family Law Specialist.


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