California Restraining Orders / Temporary Protective Orders
What is an California Restraining Order?
In California “Restraining Orders” are more commonly called “Temporary Protective Orders,” or TPOs… A Temporary order is a legal document, signed by a judge. In general terms, it prohibits the person who is the subject of the order (the “respondent”) from engaging in certain behavior towards the person asking for the order (the “petitioner”). For example, the respondent might be ordered not to go to the petitioner’s residence, or to come within so many feet of the petitioner.
There is also an Extended Order of Protection that must be requested before the expiration of the original Protective Order. When we make an application for an Extended Order, we are actually requesting an Evidentiary Hearing for us to go before a judge. Extended Protective Orders expires within such time, not to exceed 1 year, as the court fixes.
A person can ask for a restraining order if they have been abused by:
- Someone you are dating.
- A relative.
- A spouse or ex-spouse.
- A romantic partner who you currently live with or used to live with.
A restraining order can force the restrained person to:
- Not contact the other party in any way.
- Stay away from the other party, their family, or the people that they live with.
- Move out of the shared home.
- Pay child support, spousal, or partner support.
- Obey child custody and visitation orders.
- Be prevented from possessing a weapon.
Once a restraining order is issued, only the judge is authorized to revise or terminate the order. An California Restraining Order usually lasts until the next scheduled court hearing, during which time the judge will rule whether to continue or terminate the restraining order. If the person who is restrained violates the restraining order, they can be charged with committing a crime.
Time is of the essence when seeking a Domestic Violence Restraining Order. In all domestic violence matters, I will do all that I can to resolve such very personal and often painful legal matters as quickly and sensitively as I possible can.
California “Restraining Orders” can be a tool of protection, but sometimes are subject to misuse. Whether you need help obtaining or upholding a Restraining Order, or you feel that there is a Restraining Order against you that you deem is unnecessary and false, I can help you. Please contact me, Attorney Andy Miri, for a free consultation.
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