Domestic violence restraining orders can be issued to individuals when the individual being issued the restraining order is: |
•a spouse or former spouse
•someone you were or are dating
•someone you were or are engaged to
•a close relative
If any individual that fall into these categories has hurt you physically, issued threats verbally, or has harassed you, you are within your rights to file a domestic violence restraining order against them. Any acts of abuse committed by these individuals and others can include destroying property, breaking into a home or workplace, sexual assault, and following.
If you ever feel as though your life is in grave danger, you will need to have an emergency protective order filed by working with law enforcement officers. What does a restraining order do?
This type of restraining order will require the person named on the order to:
•Avoid contact with you as well as other parties on the restraining order
•Not own guns of any kind
•Only see children when it is required by court rules
•Pay child support
•Pay spousal support
•Avoid interference with joint or individual properties you own
If the domestic violence restraining order is violated, they will be liable to serve jail time and pay any applicable fines, as they will have committed a crime.
What if you have several restraining orders?
If you already have a criminal restraining order against an individual, you are still able to request a restraining order from a civil or family court. You will need to be aware, however, that the criminal restraining order will override additional restraining orders.
Restraining Order Forms
You will need to turn in several forms when filing for a restraining order, which is one of the reasons speaking with a family law attorney is recommended when you are dealing with an abusive family member or loved one. Some of the forms you will need include:
•Request for an order
•Description of abuse form
•Temporary restraining order form
•Notice of court hearing form
Additional forms are also required as well as forms that are relevant to all individuals that have children who will be involved in the case. Documents should be submitted to a family law office in the area where you experienced abuse. For example, residents of Fresno, California should file with a Fresno family law firm.
What do I do after getting a restraining order?
Once your restraining order has been awarded, you should keep a signed copy of it as well as a copy of the form detailing how to enforce restraining orders. These documents should be kept on your person at all times so that you are able to show it to law enforcement whenever necessary.
If you have any questions about your existing restraining order or how to proceed with getting a restraining order against a family member, loved one, or former partner, reach out to a family law professional for more information and guidance on what you can expect and how to proceed.
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