If you or a loved one feels unsafe in a familial relationship and is concerned that there is an imminent threat of danger, you may be able to file a restraining order. These court orders are designed to provide individuals with protection and impose legal repercussions on harassers if they violate the terms of the order. Talk to a Sherman Oaks family law lawyer from Diarian & Bociaga for clarity on the type of restraining order you need.
Reasons for Filing for a Restraining Order
Restraining orders are generally used for situations involving harassment or abuse. A restraining order legally protects victims for a set period of time. This can be temporary so an individual can take additional protection actions in the interim, or it can last for several years and provide extended protection. Individuals may also be able to renew an expiring restraining order if they are still concerned about their safety.
Types of Restraining Orders for Family Law Matters in California
While it may be common to hear restraining orders talked about in general terms, they are not one-size-fits-all. There are different types of restraining orders for different situations, and it is important to file the right one for your situation. Below is a closer look at some common restraining orders used in family law matters.
Domestic Violence Restraining Orders
This type of restraining order is used when an intimate partner or family member abuses or acts violently against their partner or other members of their family. Victims can file for a domestic violence restraining order to ensure that they are protected and that there is no interaction with the violent family member.
Civil Harassment Restraining Orders
While a civil harassment restraining order is typically used when you are threatened or harassed by someone you are not related to, it can also be used for distant relatives. This means that if an aunt/uncle, niece/nephew, or cousin is harassing you and your family, you may have the right to file a restraining order to prevent them from contacting you and continuing their harassment.
Elder Abuse Restraining Orders
Elderly adults are vulnerable to abuse and mistreatment from others. If you or your loved one is suffering from abuse, an elder or dependent adult abuse restraining order can be filed so the abuser can no longer have access to the elderly individual. If a victim is living with their abuser, then a restraining order can also require that person to move out so they cannot cause further harm.
How to File for a Restraining Order
If you want to file a restraining order against another person, you will generally need to fill out the appropriate paperwork for the type of order you are seeking. The more detail you can provide when stating the reason for your request, the more it can help you secure protection.
The court will review your request and you will be required to attend a hearing before a decision and a permanent restraining order can be issued. However, if you are in immediate danger, contact law enforcement and an attorney and get their help seeking a temporary restraining order. This can provide you with protection until the restraining order process is complete. Diarian & Bociaga can guide you through this process.