San Bernardino & Riverside Restraining Order Attorney
At the San Bernardino/Riverside Family Law Office of Michael R. Young, APC, we are committed to helping those in need of legal assistance with such family law matters as restraining orders, divorce, legal separation, property distribution, child custody, spousal support, and child support. We pride ourselves on providing the best possible legal assistance, guidance, and advice on an array of issues. San Bernardino/Riverside Family Law Attorney, Michael R. Young has a vast amount of experience with domestic violence cases and he works closely with law enforcement officers, battered women’s shelters, and the courts to ensure that his clients are safe and the proper restraining order is filed.
A restraining order is a civil court order that is signed by a judge that forbids the offender/defendant to continue harassing and abusing the petitioner and/or to stay away from the petitioner within a certain proximity or face serious legal consequences, including hefty fines and possible jail time. In many instances, restraining orders are filed when a spouse or live-in roommate or partner feels physically or mentally threatened. Restraining orders sometimes are necessary in such instances and may:
- Order the abuser not to abuse, follow, assault, threaten, harass, or interfere with the petitioner, any minor children in the home or anyone else who may live with or work with the petitioner.
- Order the abuser to stay away from a particular place, including the petitioner’s work place, school, friends’ homes, etc.
- Grant the petitioner temporary full custody over minor children and property that is owned jointly, including cars, boats, computers, and bank accounts.
- Order the police to remove the abuser from the home.
- Order the abuser to make certain loan payments and other bills, such as mortgages, car loans, daycare, medical expenses, etc. (It is important to specifically ask for this if you need it.)
- Prohibit the abuser from possessing or purchasing a firearm.
- Order the abuser to pay the petitioner’s attorney fees.
Types of Restraining Orders
In California, there are four different types of restraining orders:
- Emergency Protective Order (EPO) – This type of restraining order is quite helpful in severe cases of domestic violence and can last up to five to seven days until a more long-term order can be obtained.
- Domestic Violence Temporary Restraining Order (TRO or DVRO) --- This is a civil Restraining Order that is used in domestic violence cases. Initially, it provides temporary protection for three weeks, but then can be made to last 1 to 5 years.
- Criminal Protective Order (CPO) -- This type of Restraining Order is issued in active domestic violence criminal cases.
- Civil Harassment Restraining Order (CHO) – This type of Restraining Order is used in non-domestic violence cases to stop the harassment or abusive behavior of neighbors, co-workers, and others.
When it comes to filing a restraining order it is not something to do lightly, as it can have a great affect on one’s life and that of others. The process of obtaining a restraining order is often daunting and sometimes can become a bit complex. It is important for individuals to consult with a knowledgeable family law lawyer when contemplating obtaining one or fighting against one.
If you need help in filing a California restraining order or need help defending against one, please contact the leading San Bernardino/Riverside Family Law Office of Michael R. Young, APC today.