What Is a Restraining Order?

A restraining order is a court order that protects you against abuse and harassment. It essentially orders a person not to do certain behaviors against you or your property. If the person does not follow the order, there are legal consequences for their behavior that can be enforced by a judge. There are both civil and criminal restraining orders and they each offer different types of protection.

Types of Restraining Orders

There are typically three different types of restraining orders:

• Temporary (TRO) – This is the type of order that you get when you apply. It’s a short term order, lasting less than a month. It provides protection until a court hearing can be held.
• Emergency Protective Order – This order can be issued very quickly and goes into effect immediately. Typically it is issued when a police officer responds to a domestic violence case. They can call a judge and ask for it. It usually only lasts a week, but it gives you time to apply for a temporary and permanent order.
• Permanent Restraining Order – This type of order can be in effect for months or years. You do have to appear before the judge to obtain this type of protection, and the person who is being restrained will be allowed to speak to the judge as well.

Getting a restraining order is step in protecting yourself and your children. Please don’t hesitate to obtain one if you are in danger. Although a police report is evidence that one is required, you do not need a police report to obtain a restraining order.

To learn more about obtaining a restraining order and child support attorney in Palm Desert, click here.

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About paulOdonnellca

Paul advises people on divorce and family law matters.
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