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
Chemineer union does not oppose restraining order, attorney says (Dayton Daily News)
The union striking Chemineer did not oppose a temporary restraining order the company sought Tuesday, March 9, in Montgomery County Common Pleas Court, said an attorney representing Chemineer."The parties came to understanding, and there was an unopposed temporary restraining order (TRO) that was is ...»

Cuerpo asks appellate court to block suspension order (Philippine Daily Inquirer)
Suspended Rodriguez Mayor Pedro Cuerpo said Tuesday he has filed a petition for a temporary restraining order (TRO) with the Court of Appeals in a renewed bid to block his suspension from office. ...»

Restraining order against township denied (Daily Local News)
Staff Writer ...»

Restraining order against a Pender Deputy dropped (WECT 6 Wilmington)
A candidate for sheriff has decided to drop aÂ restraining orderÂ against a member of the Pender County Sheriff's Office. ...»

Police: Man immediately violates restraining order (Vail Daily)
EAGLE, Colorado - Eagle Police were called to the Eagle County Justice Center last week when a local man reportedly violated a freshly issued restraining order. At the courthouse, a local woman told police she had just completed a hearing regarding a permanent restraining order against the man. She ...»

Ecolog obtains restraining order against state broadcaster NDR (Deutsche Welle)
The state court of Hamburg granted a restraining order against the state broadcaster Norddeutsche Rundfunk (NDR) on March 4, 2010. ...»

Task Force responds to Victoryland restraining order (WSFA 12 Montgomery)
Task Force commander John Tyson responded to a judge's restraining order Friday evening, and warned that he would, "immediately deal with it." ...»

Estranged Wife Refuses to Leave Dennis Hopper's Property (AceShowbiz)
Although ailing Dennis Hopper has been granted restraining order against Victoria Duffy, his estranged wife refuses to move out of his property since she faces insufficient funding. ...»

Mendoza gets SC TRO on Comelec â€˜vacateâ€™ order (The Daily Tribune)
A week-long reprieve has been given yesterday by the Supreme Court (SC) to embattled Bulacan Gov. Joselito "Jon-jon" Mendoza after the tribunal issued a status quo ante order stopping the Commission on Elections' (Comelec) order for his ouster. ...»

Lloyd Chapman: Federal Judge Clears the Way for Destruction of Incriminating Contracting Data (The Huffington Post)
United States District Judge William Alsup has denied the American Small Business League's (ASBL) request for a temporary restraining order, and cleared the way for... ...»