HOW RESTRAINING ORDERS WORK

How Restraining Orders Work

Tim Miranda, CFLS

Founding Partner

Transcript

“How do restraining orders work? Theoretically the restraining order is a piece of paper, an order, that’s signed by the court and that order is meant to protect you. And it might do everything from keep the other person, the restrained person, a 100 yards or more away from you. It might kick them out of your house. It might award temporary custody to you. It might make temporary support orders to you.

Fact of the matter is that a restraining order is very complex and in and of itself might be a separate issue and a separate trial within the marital dissolution process or family law process. Generally speaking, if you believe that you’re the victim of abuse – and abuse is defined everywhere on the internet Family Code section 6203 and 6320 will give you a good idea and it’s much more than physical abuse nowadays – you should consider requesting one. It’s a very powerful tool to protect yourself but above all if you feel like you’re in danger, if you feel like you’ve been abused, call the police. Take immediate action to protect yourself, the restraining order may or may not follow later.”

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