Restraining Orders

Restraining orders can be obtained through the family court under the Domestic Violence Protection Act if the victim and the abuser have or are married, dating, used to date, have a child together, live together, etc. A restraining order can offer protection for the victim, but may include protective orders for other persons living with the victim regardless of relationship. If a person needs a restraining order against someone other than those described above, a civil harassment order of protection can be obtained in lieu of a domestic violence restraining order.

A common comment that I hear from victims and perpetrators alike is something like this: "Well I didn't actually hit her" or words of that nature intended to remove or diminish the perpetrated actions from "violence" standards. However, the Family Code has a broad definition for conduct that it will consider for restraining order purposes under the Domestic Violence Prevention Act. Obviously, hitting, kicking, punching, pushing would all fall under domestic violence. But so would threats, blocking someone's path, harassing phone calls, breaking objects or damaging property, making threatening gestures such has getting into someone's face, or punching the air, or other nonverbal expressions of anger.

While a restraining order cannot truly prevent a person from harming another person if that is their true goal (it is after all a piece of paper), a validly issued restraining order will give law enforcement the legal authority they need in order to arrest and prosecute someone who violates a restraining order.

If you are a victim of domestic violence, it is important to your physical and mental health to obtain the necessary court orders to protect you and possibly other family members. The court can offer victims additional services such as the Personal Empowerment Program to assist a victim with learning how to recognize and deal with boundary and other issues.

If you are or have been a perpetrator of domestic violence and have restraining orders pending against you, it is imperative that you have legal representation during the proceedings in order to ensure that your constitutional rights are protected.

I have represented many perpetrators and victims of domestic violence and you are welcome to call me to discuss your matter.

For a free 30-minute consultation, please email us or call (949) 252-9321 or (949) 713-3817.

News about Restraining Orders
Restraining order issued in case against Fairfield Co. law
The judge presiding over an injunction case against the Fairfield County legislative delegation for control of the Fairfield County School District's finances has issued a temporary restraining order against the delegation. ...»

Judge issues restraining order after Midlands councilman's life threatened
A Lexington County judge issued a restraining order Tuesday for a Batesburg-Leesville town councilman after a man paid him a middle-of-the night visit in June. Councilman Steve Cain said the man showed up to his Pine Street home around midnight June 24, beating on his door and demanding to speak to ...»

Ruling on Titan restraining order to come Wednesday
A judge in Denton decided Tuesday to make a ruling Wednesday on a temporary restraining order request filed on behalf of two Flower Mound residents against Titan Operating, LLC. ...»

Restraining Order Petitions Require Expertise
Loni Amber Turner had tried to get a restraining order against her ex-boyfriend, but a judge denied her request and instead set a hearing date. ...»

Judge denies temporary restraining order
A Denton County judge Wednesday denied a request for a temporary restraining order filed by the attorney of two Flower Mound residents. ...»

Edward Furlongâ€™s Temporary Restraining Order Against Wife Extended
Edward Furlong's temporary restraining order against his estranged wife has been extended. Rachael Kneeland, who filed for divorce from the "˜Terminator 2: Judgement Day' actor last summer, claiming his drug addiction had caused him to attack her, told the Los Angeles Superior Court yesterday, Augus ...»

Restraining order granted
No matter who did what on a July night in the parking lot of a Frankfort Square school, Brandon Lauer ended up slashed across the neck and with a stab wound in his belly. On Tuesday, the mother of the teenage girl Lauer accused of taking part in the knife attack that left him clinging to life secure ...»

Temporary restraining order issued, blocking state from collecting taxes
Judge Richard Arcara issued a temporary restraining order this afternoon, preventing New York State from collecting taxes on cigarettes sold by Native Americans. ...»

Feds appeal order blocking stem cell research
The Obama administration on Tuesday asked a federal judge to lift a restraining order that it says could undercut federally funded embryonic stem cell research. Stem cell - Embryonic stem cell - Biotechnology - Presidency of Barack Obama - Biology ...»

Restraining order granted on Seneca cigarette tax collection
The state will have to wait at least two more weeks before it can begin collecting millions of dollars in cigarette taxes from Native American merchants. ...»