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) 713-3817.

News about Restraining Orders
The Citi Complaint and Restraining Order (New York Times)
DealBook has both Citigroup's lawsuit in New York state court and Judge Charles Ramos's temporary restraining order. Read both after the jump. Add your comments... ...»

Hugh Hefner - Hefner Wins Restraining Order (ContactMusic)
HUGH HEFNER has been granted a restraining order against a man who was twice arrested this summer (08) for allegedly ramming his car into the gates of the Playboy ... ...»

Hefner wins restraining order (WSYR 9 Syracuse)
Hugh Hefner has been granted a restraining order against a man who was twice arrested this summer for allegedly ramming his car into the gates of the Playboy mansion. ...»

Mecklenburg judge issues order against Citi (The Charlotte Observer)
A Mecklenburg County Superior Court Judge on Sunday granted a temporary restraining order barring Citigroup from enforcing an exclusivity agreement that barred Wachovia from entering a merger agreement with another suitor. Two Wachovia shareholders - Mary Louise Guttmann and former Wachovia chief ex ...»

PCC Restraining Order to Be Kept in Effect (The Lakeland Ledger)
A judge Thursday ordered that a restraining order requested by Polk Community College should remain in effect against a student accused of threatening a person on campus.The college closed all of its campuses on Sept. 22 as a precaution. ...»

Wells Fargo Statement on Appellate Court Decision to Vacate Temporary Restraining Order (Finanzen.net)
Wells Fargo Company (NYSE:WFC) issued the following statement this evening regarding Citigroup 's claimed exclusivity agreement ... ...»

Wells Fargo Statement on Appellate Court Decision to Vacate Temporary Restraining Order (Centre Daily Times)
Wells Fargo & Company (NYSE:WFC) issued the following statement this evening regarding Citigroup's claimed exclusivity agreement with Wachovia Corporation: ...»

Parties seek restraining order over BCBS deal (Helena Independent Record)
Plan Helena and developer Alan Nicholson on Friday filed a complaint in District Court against the Helena Regional Airport Authority, claiming the airport didn't follow the rules in negotiating a deal to lease 9 acres of land to Blue Cross and Blue Shield of Montana for a new office building. ...»

Deal Professor: Did Citi Really Win? (New York Times)
Citi's case against Wells Fargo and Wachovia is caught in a jurisdictional morass. Yesterday evening, Citi trooped up to New York Supreme Court Judge Charles E. Ramos's Connecticut house to obtain a temporary restraining order. ...»

Police blotter (Stamford Advocate)
Stamford Arrests: * Ivis Rodriguez, 30, of 31 Southfield Ave., Stamford, was charged Sunday with second-degree burglary, risk of injury to a child, first-degree criminal mischief, criminal violation of a restraining order and interfering with an officer. ...»