Courts often order restraining orders to protect individuals from abuse, harassment, stalking and/or threats. A civil court judge will have to sign the restraining order, also called a protective order. Violating a restraining order can result in jail time, limited to no child visitation, and monetary fines. Restraining orders in California function the same across the state, so there are no special requirements in Stockton. It is important that you understand the basics so that you know under what circumstance restraining orders may be issued, how to file one, and which type to file.
It is in your best interest to immediately hire an experienced Stockton restraining order attorney to make sure all of the paperwork is done right with regard to a restraining order. At the Srai Law Office, our legal team is well-informed on state laws to help you with any restraining order legal issues.
Different Types of Restraining Orders
There are several types of restraining orders that may affect a family law proceeding. Some of these are discussed below:
Automatic Restraining Orders
An automatic restraining order goes into effect when a party files for divorce. This restraining order is located on the summons which is served by the party initiating the divorce. The automatic restraining order prohibits a variety of things, including:
- Removing children from the state without prior written consent from the other parent.
- Cashing, borrowing against, or canceling any insurance coverage (life, automobile, etc.).
- Getting rid of any property, including community property, quasi community property, and separate property, without consent of the other party. An exception is if getting rid of the property is in the usual course of business or necessary for life.
- Certain non-probate transfer of property.
Domestic Violence Restraining Orders
A party who is a victim of domestic violence may petition the court for a domestic violence restraining order. Generally, a party must be able to show that there was some type of abuse and that there was type of relationship between the parties (married, dating, family relationship).
The court may issue an order that forbids an individual from contacting the victim, the victim’s children or relatives; enforce temporary support and custody orders. The court has the ability to order without the other party that is being restrained present in court. However, the restrained party will eventually have their day in court where a hearing will be heard to make sure that the order is appropriate.
Criminal Protective Order (CPO)
Generally, a criminal protective order is issued while a criminal proceeding is pending. A criminal protective order will trump any civil protective orders that are in place. Essentially, a criminal protective order will:
- Prohibit the defendant in the case from contacting the victim
- Prohibit the defendant from contacting the victim’s relatives
- Order the defendant from staying away from the victim
- Prohibit the defendant from annoying the victim
- Prohibit the defendant from threatening or harassing the victim
A violation of a criminal protective order will result in new charges being filed against the defendant.
Four Steps to Filing a Restraining Order
A Stockton restraining order attorney can help you make sure a restraining order is done right. The are four basic steps you need to take to successfully file a restraining order:
- File the right forms. The person you are restraining will get the chance to see every form that you file. As such, it is important that you keep your address confidential to protect yourself from your abuser.
- File the completed forms with the court. You need to take your completed forms to the court clerk. The clerk will then give the forms to the judge. The judge has two business days to decide whether to grant your request for protection. If your request is granted, you will get a temporary restraining order for up to three weeks, or until your court hearing date.
- After the judge issues your temporary restraining order, you need to serve the person being restrained. Your temporary restraining order will not be valid until you have served the abuser. This means that someone will need to personally hand the judge’s order to the person being restrained so that he or she knows about the hearing.
- Attend your court hearing prepared. It is important that you go to your court hearing prepared. The right preparation with a Stockton restraining order attorney will give your confidence and ease of mind. It is also very important not to miss your court hearing. If you do, the restraining order will end and you will have to start over again.
Our legal team at the Srai Law Office will guide you through this process. Having the right legal help on your side can avoid any delays in protecting yourself with a restraining order. Our legal guidance will also mean that you won’t have to carry the burden of your circumstance by yourself. We will worry about your legal paperwork while you take care of your loved ones.
Frequently Asked Questions About Restraining Orders
When you are dealing with a restraining order, we know that you may have many questions. It is always important to speak directly with a restraining order attorney in Stockton about your case.
However, we understand that you may need quick answers to certain questions. Although the legal team at the Srai Law Office is available to answer your questions anytime, below are basic answers to some of our most frequently asked questions:
How old do I need to be to get a restraining order?
You need to be at least 14 yeas old to get a restraining order.
How long will it take to get a restraining order?
The judge will have two business days after your Stockton restraining order attorney applies for a restraining order, to make a decision.
How much will it cost to get a restraining order?
There are no court fees for getting a restraining order.
Do I have to go to court in order to get a restraining order?
Yes. You will need to go to court to file a request for a restraining order. Once the order has been granted, you will then need to go to your hearing. The restrained party will be at the hearing as well. However, you will not have to go to court alone for either of these things if you hire an attorney.
Can I speak to an attorney over the phone and ask specific questions about my case?
Yes. You can call us at (209) 323-5558 to speak with Attorney Gurjit Srai. He will answer your phone questions.
Contact an Experienced Stockton Restraining Order Attorney
In order to get the proper type of restraining order for your specific set of facts, it is best to hire the experienced attorneys at the Srai Law Office. We will make sure that all necessary documentation is filed properly with the court. We will also make sure to present the best evidence to the judge to get a valid and effective restraining order.
For more information or to schedule a complimentary consultation with one of our Stockton restraining order attorneys, please call us at (209) 323-5558, or complete our online form.