A restraining order is a legal order that a person (the protected person) can file against another person (the restrained person) who is abusing, stalking, threatening, or harassing the protected person. Additionally, a restraining order can be filed against someone who is threatening to or already has destroyed a person’s personal property, which can include a person’s business.
A restraining order can also extend to prohibit the restrained person from contacting the protected person’s family members or business associates. These types of restrictions are only applied if they are deemed necessary to keep the protected person away from physical or mental harm.
A restraining order can mandate that a person is not allowed to contact, stalk, harass, attack, or threaten another person. Additionally, a restraining order can require that the restrained person stays away from the home, business, or neighborhood of the protected person. The protected person can even file a restraining order to legally remove someone from a shared home if they believe that person is a threat.
When someone files a restraining order, they are actually filing a Temporary Restraining Order (TRO). In the state of California, the TRO lasts for about 20 to 25 days at which point there will be a court hearing. During the hearing, both sides and their family law attorneys present their cases and a judge determines if a Permanent Restraining Order is necessary for the mental and physical health of the person filing the order. If a Permanent Restraining Order is issued, then the judge determines the specific measures that must be followed by the restrained person.
Contrary to popular belief, Permanent Restraining Orders are not permanent and typically last for approximately five years, after which the terms of the restraining order are lifted and the person must reapply for a new restraining order if they believe that it is necessary. If you need help reapplying for a permanent restraining order, contact the law offices of Lonich Patton Ehrlich Policastri.