A restraining order is a court order that prevents a person from bothering, harming or contacting another person. Most often used in domestic violence cases, in California celebrities sometimes take out retraining orders against obsessive fans who may be stalking them. The purpose of a restraining order is to prevent harm or violence.
In California, there are four types of restraining orders, explains expert Los Angeles criminal defense attorney Stephen Rodriguez:
Emergency Protective Order (EPO). Issued by law enforcement officers most often in cases of domestic violence, this type of restraining order is valid for 5 days.
Domestic Violence Temporary Restraining Order (TRO or DVRO). This is a civil restraining order applied for by the individual who feels endangered, most often domestic violence victims. Initially the order is temporary and valid for 3 weeks. During that time both parties appear in court for a hearing before a judge who can decide to make the order permanent for one to three years.
Criminal Protective Order (No Contact Order). Obtained through the District Attorney's office, a no contact order protects parties in an active domestic violence criminal case.
Civil Harassment Restraining Order (CHO). This type of restraining order is issued to stop harassment or annoyance by neighbors, roommates or co-workers.
Depending on the specific terms of the order, restraining orders can prevent any and all direct or indirect personal, telephone, electronic (computer) or written contact. This means the served party cannot talk to, phone, email or write the other party. Restraining orders can prohibit an individual from coming within 100 or more yards of the protected person whether in the community, in a residence, at work or at school. This means that if the served person is shopping at a store, he must leave immediately if the protected person enters.
Restraining orders are generally temporary until a hearing can be scheduled, usually within a week or two. Both parties meet before a judge to plead their case and answer questions. Judges listen for certain types of statements, certain words to gage the seriousness and potential threat of contact between the two parties. Whether you are considered the victim or the abuser in a restraining order case, legal representation by an experienced criminal defense attorney can protect your interests.
For complete information on filing for a restraining order or defending yourself against a restraining order, visit the Rodriguez, Lewis & Kahn website. In both cases you have rights that deserve to be protected.
-Legal Pro
