Restraining Order in Sacramento
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Frequently asked questions
What is a restraining order?
A restraining order is a court order that requires an individual to stop certain behaviors, such as harassment, threats, or physical abuse, against another person. It may also include other conditions, such as a requirement that the aggressor stays a certain distance away from the person they are ordered to refrain from contacting. Restraining orders are designed to protect the person who is the subject of the order and to help prevent further harm from being inflicted on them. It is important to remember that restraining orders should be used in conjunction with other safety measures, such as seeking support from friends, family, and law enforcement.
Who is eligible for a restraining order?
A restraining order, also known as a protective order, can be requested by anyone who has been the victim of stalking, harassment, abuse, or other forms of violence. In most cases, the person requesting the restraining order must have some relationship with the person they are seeking protection from, such as a current or former spouse, family member, or domestic partner. Some states also allow restraining orders to be requested by someone unrelated to the perpetrator.
How long does a restraining order last?
One type of restraining order is the emergency protective order (EPO), which a law enforcement officer can issue if they believe a person is in immediate danger. An EPO is typically only valid for five business days or seven calendar days.
Another type of restraining order is the temporary restraining order (TRO), which can be issued after a hearing in which only the victim is present. A TRO is typically valid for up to fifteen days or until a further hearing is held to determine if a longer-term restraining order is necessary.
The most common type of restraining order is the domestic violence restraining order (DVRO), which is issued in cases involving threats, harassment, or abuse. A DVRO is typically valid for up to five years but can be extended if necessary to protect the victim’s safety.
Can you modify a restraining order?
Yes, a restraining order can be modified with our paralegal services. If the person protected by the restraining order wants to modify the order, they can request a hearing with the court to ask the judge to change the order. The protected person can request changes to the terms of the restraining order, such as the distance the restrained person must keep from the victim or the restrictions on the restrained person’s behavior. The judge will consider the request and decide whether to grant it based on the facts of the case and the safety of the protected person.
How is the restraining order served?
If a restraining order has been issued against someone, a process server in Sacramento can be used to serve the order. This means that the process server will deliver a copy of the restraining order to the aggressor, informing them of the court’s decision and the restrictions that have been placed on their behavior. The process server has to provide proof of service, a document confirming that the restraining order has been delivered. We can then file the proof of service with the court, showing evidence that the restraining order has been adequately served.
What happens if someone ignores a restraining order?
If someone ignores a restraining order, they may be charged with a criminal offense. This could result in fines and imprisonment. The exact penalties will depend on the specific circumstances of the case and the severity of the violation. For example, a first-time offender who violates a restraining order by contacting the protected person may face less severe penalties than someone who physically assaults the protected person.
In addition to criminal penalties, ignoring a restraining order can have severe consequences in any future legal proceedings involving the person protected by the order. For instance, if the person who ignored the restraining order is later charged with a crime involving the protected person, the court may consider the violation of the restraining order.
If you are concerned that someone is ignoring a restraining order against you, it is important to contact the authorities and report the violation. The police can help ensure that the restraining order is enforced and that you are protected from further harm.