Filing a Restraining Order
Do You Know How The Process Works?
When you’re in a situation where you fear for your safety or are
constantly threatened without a clear avenue for escape, it may be time
to turn to the law to ensure that you and your family can secure the protection
you need. Far too many people are victims of domestic abuse and are trapped
in a situation without a clear way out, and it’s important to learn
what protections you can turn to. There are a number of laws in place
in California that can provide those in need with the protection they
require, and an experienced family law attorney can help you take action
and navigate the process.
Give us a call at (909) 344-5704 to discuss your case with a member of our firm.
Our San Bernardino family law lawyers at James D. Madden & Aruna P.
Rodrigo, Family Law Attorneys have provided passionate and knowledgeable
legal representation to hundreds of families and individuals since we
first opened our doors nearly 20 years ago. Domestic violence is an incredibly
complicated and unsurprisingly contentious process to handle, and our
lawyers have the experience necessary to prepare you for any situation
that may come up. Give us a call to discuss your situation with a member
of our firm and plan out your next steps.
What Can A Restraining Order Do To Protect Me?
Restraining orders offer a number of protections that can include jail
time and / or fines for the person being restrained if broken. Some of
the consequences for breaking the restrictions imposed by a restraining
- Restrictions may be placed on what activities they take part in or what
locations they are permitted to visit.
- Require them to move out of their home.
- Prevent them from coming in contact with their children.
- 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.
- Affect their immigration status if they are in the process of applying
for a visa or green card.
There are three main types of restraining orders that can be used to offer
protection, and each one comes with its own set of consequences.
Personal Conduct Orders
These types of orders place restrictions on the actions the person named
in the restraining order can perform against anyone named as a “protected
person,” which include:
- Coming in contact via phone call, email, or any other kind of messaging.
- Striking, battering or attacking in any way.
- Sexual assault.
- Destroying personal property.
- Disturbing the peace.
Residence Exclusion Orders
Also known as kick-out or move-out orders, these types of restraining orders
require the person named in the restraining order to move out of the home
they share with the protected person or persons and can only be asked
for in cases of domestic violence, elder adult abuse or dependent abuse.
The person named in the restraining order is only permitted to remove
their personal belongings and clothing until their court hearing.
Under these types of restraining orders, the person named in the restraining
order is required to stay a set distance away (100 yards, 200 yards, etc.) from:
- The person who filed the restraining order’s home.
- The person who filed the restraining order’s workplace.
- The person who filed the restraining order’s children’s daycare
- The person who filed the restraining order’s car.
- The person who filed the restraining order.
- Any other location where the person who filed the restraining order is
likely to go.
Fill out our online form to request a free case evaluation.
Hire The Experienced Legal Representation You Need
Our San Bernardino family law attorneys at James D. Madden & Aruna
P. Rodrigo have dedicated their careers to providing families and individuals
in difficult situations with the legal representation they need to secure
the outcome they deserve.
Fill out our online form to send us the details of your case, or call us at (909) 344-5704 to speak with a member of our firm today.