A restraining order is also called a no-contact order, which prohibits a person from being in physical or verbal contact with another person. These are court ordered and must be abided by the person who is receiving the order to avoid legal consequences. The order specifies that the defendant cannot see the petitioner at work, school, and home and must stop all communication with the victim. If these stipulations are broken the defendant may receive a fine, or jail time with a felony or misdemeanor charge.
There are a variety of no contact orders that are available to people to file depending on their immediate need. A domestic violence restraining order helps protect people, parent, and children from abuse or threats of abuse from someone they have a close relationship with.
• Emergency Protective Order: This no-contact order can be issued immediately by a police officer that responded to a domestic violence call. They contact a judge and ask that an emergency protective order be issued for you. A judge will only issue it if s/he believes that there is an immediate and present danger of domestic violence or that a child is in immediate or present danger of abuse or abduction/ kidnapping by a parent or relative. These only last five business days, or seven calendar days. This is to give the victim time to go to court and ask for a DVRO.
• Temporary Restraining Order (TRO): This is a no-contact court order of limited duration, about two or three days. A TRO commands the parties in the case to maintain a certain status until the court can hear further evidence and decide whether to issue a preliminary restriction. This can be granted if you are in immediate danger and need protection right away. The TRO can be issued against the party without notice or opportunity to argue against the order. It forces them to leave the home, have no contact with you, and offers you many other forms of protection.
• Domestic Violence Restraining Order (DVRO): These restraining orders are longer in duration because they follow a hearing where the victim is granted a final DVRO. After having a court hearing, a judge can grant you a “restraining order after hearing” that can last minimum of 3 to five years. During the last three months of the order, you can ask the judge to extend it for another fiver years.
No-contact restraining orders can be very useful for providing victims of domestic violence with protections under the law. To assist you in your legal protection, contact Thorsteinson Law Group, your trusted and experienced divorce and family law attorney. Offices are located in Long Beach and Huntington Beach, California.