A restraining order can be sought against persons who harass, hurt, or abuse you. There are different types of restraining orders such as a Temporary Restraining Order (TRO) or an Emergency Protective Order, Domestic Violence Protective Order, Criminal Restraining Order, Civil Harassment Restraining Order, Elder and Dependant Restraining Order, and Workplace Violence Restraining Order.
Once you file the TRO, there will be a hearing where you ask the court to grant an order to restrain the person you are filing against, from having any contact with you. This order, if granted, is good for approximately 10 days. The person being restrained must be given some kind of notice of the order, or at least an attempt to give that person notice must be made. Since the TRO is only good for about 10 days, a short time after that the court will hold a hearing regarding issuing a Restraining Order.
At the Restraining Order hearing you and your attorney must show by clear and convincing evidence that the person who you are seeking the restraining order against has harassed or threatened you, to the degree that a restraining order is sufficient. The judge will then decide whether to grant the order or not. If the restraining order is granted, it will restrict the person from contacting you for 3 years.
If a restraining order is being sought against you, it is highly recommended that you contact an experienced attorney to help you fight the order. If an order is granted against you, it gets reported on the CLETS system which means that all law enforcement agencies are made aware of the order which can cause additional contact with and possible harassment by law enforcement in the future and additionally a background check conducted by anyone including employers may reveal the existence of a restraining order.
Contact Orange County Criminal Defense Attorney Ali Komaili if you need help with filing for a Restraining Order or if someone is seeking a restraining order against you.