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Orange County divorce lawyer; The Maggio Law Firm

What To Know About Restraining Orders

Orange County divorce lawyer; The Maggio Law FirmA domestic violence restraining order is described as a court order which assists to protect individuals from threats of abuse or any abuse from a person who is a close relation. You can request a domestic violence restraining order in case a person has threatened to abuse or even abused you. Remember the law states that you and that person must share a close relationship. This is applicable if you are a registered domestic partner or married or divorced or separated. It is also valid if you used to date the person or dating that individual even now. You two could live together in the present or in the past. The person could be one parent of your child or a closely related individual like a brother, in-law, grandmother and grandfather.

Filing orders

In case you are one of the parents and the person being abused is your child, you will be within your rights to file the restraining order in-lieu of the child.  There can be instances when people battered by domestic violence does not meet the requirements of domestic violence restraining order. In such cases, it is okay to request a civil harassment restraining order. This order can be applied on neighbors, coworkers and distant family members. If the person being abused is aged 65 or older, or between the ages of 18 years and 64 years, but a dependent adult, then the elder or dependent adult abuse restraining order can be applied. An employer can protect an employee in the office through workplace violence restraining order. This will protect the said employee from stalking or violence perpetrated by another person. If you are unsure of what restraining order you should get, consult a lawyer.

Function of restraining orders

A restraining order is an order from the court. It can instruct the person who has been restrained to not visit you or even go near you. That person will be barred from seeing your children, relatives and others who stays in your house. He or she will be ordered to stay away from the children’s schools.

Getting divorced in California can be complicated!  Download our free eBook, 18 Important Things to Know About California Divorce to educate yourself on the process.  

divorce_attorneyGerald A. Maggio is an experienced Orange County divorce and family law attorney 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.

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