Most of us are familiar with what a restraining order is. A restraining order, also called a “protective order,” is a court order that can protect someone from being physically or sexually abused, threatened, stalked, or harassed. It can also entail other types restrictions under different settings.
The individual who is seeking the restraining order is referred to a the “protected person.” The individual the restraining order is against is the “restrained person.” In some situations, restraining orders include other “protected persons,” such as family or household members of the protected individual.
This article discusses the major types of restraining orders that may affect a family law proceeding.
Automatic Restraining Order
An automatic restraining order goes into effect when a party files for dissolution of the marriage. This type of restraining order is generally located on the summons that is served by the party initiating the divorce. If the automatic restraining order is granted, it prohibits the following:
- Removing children from the state without obtaining prior written consent of the other parent
- Cashing, borrowing against, or cancelling any insurance coverage policy
- Disposing of any property, including community property, quasi community property and separate property, without the consent of the other party
- Certain nonprobate transfers of property
Domestic Violence Restraining Orders
If you are a victim to domestic violence, you may petition the court for a domestic violence restraining order. In order for the court to grant this type of restraining order, you generally must show that you were subject to some sort of abuse and each party shared some type of relationship, such as a marriage, dating, or other family relationship.
The court has the discretion to issue a restraining order that prohibits an individual contacting the victim or the victim’s children or other relatives. Although courts generally have the ability to order an ex parte order, the restrained party will eventually have their day in court to ensure that the order is appropriate.
Criminal Protective Order
A criminal protective order is typically issued during the pendency of a criminal proceeding. This type of order trumps all civil protective orders that may be in place.
Once a court has issued a criminal protective order, it prevents the defendant from:
- Contacting the victim or the victim’s relative
- Annoying the victim
- Threatening the victim
- Harassing the victim
A violation of a criminal protective order will result in new charges filed against the defendant, in addition to the previous charges.
Call an Experienced Stockton Family Law Attorney
If you are involved in a custody battle or divorce proceeding, it is in your best interest to consult with an experienced family law attorney to help you learn your legal rights and options.
For more information or to schedule a complimentary consultation with San Joaquin County family law attorney Gurjit Srai, please call (209) 323-5558 or (559) 449-1447, or complete our online form.