How Restraining Orders Can Protect You Against Violence

A court of law has the right to impose a restraining order against an abusive individual who has been established as a physical mental or sexual threat to another individual. There are several reported cases of domestic violence and child abuse which involve violent actions of harassment, sexual abuse, stalking and threatening from the abusive partner. The victim who receives the restraining order is termed as the protected person and the abusive individual is referred to as the restrained person. In some cases, where the abusive individual poses a threat to more than one persons of a family, the restraining order will include the other members on the protected persons list as well.

Usually a restraining order that stems from an event of a spousal domestic violence or abuse aims at assisting the protected partner from imminent threat and danger in several ways.

Personal Conduct restraining orders 

The personal conduct restraining order aims at preventing threatening acts against all the individuals named under the protected persons list. The abusive individual is prohibited to indulge in several activities such as contacting, messaging, calling, attacking, striking, stalking, threatening, sexually assaulting, destroying private property, harassing or disturbing the harmony and peace of the protected persons in any way.

Stay Away restraining orders 

The stay away orders stipulate that the restrained person is obligated to keep at a certain distance from the protected person or his house, workplace, children’s school, daycare, vehicle and other places that he or she visits.

Residence Exclusion restraining orders also known as move out or kick out orders 

In cases involving extreme domestic violence or child abuse, the court of law may order the restrained person to move out of the protected person’s residence along with his clothes and personal items, and stay someplace else until the next court hearing takes place.

Even if you have not yet been subjected to violence and abuse, you may still request a restraining order against a closely related abusive individual. There are several cases wherein a married partner, a dating partner, a divorced individual, a parent or a sibling may report an act of domestic violence against another member of the family and apply for a restraining order against the acting individual. Children above the age of 12 who have been subjected to some kind of physical, mental or sexual abuse from their parent can themselves request a restraining order from the court of law.

If you or a close relative has been subjected to some kind of domestic violence or abuse, you should immediately report the incident to the police and request a restraining order from the court of law to prevent any further damage to you and yours.

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Gerald A. Maggio is an experienced Orange County divorce and family law lawyer and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.