LEARN HOW A RESTRAINING ORDER RELATES TO A DOMESTIC VIOLENCE CASE IN LOS ANGELES
In order to obtain a restraining order in Los Angeles County, you or your attorney must go down to the courthouse that has jurisdiction over your case and fill out the appropriate paperwork and file it with the clerk of the court. If the danger to you is immediate, then you can request that a temporary restraining order be placed against the other party while you are waiting to get the hearing for the permanent restraining order.
The way this relates to domestic violence cases has to do with what happened to warrant the restraining order. If the other party did something to you physically or threatened you, then you could call the police and have the them arrested for domestic violence / spousal abuse. If the judge grants the restraining order, then the other person will have to stay at least 100 yards away from you, your home and your work place.
Restraining orders are civil remedies and are sometime confused with their counterpart in criminal court, called a protective order. However, if someone violates a restraining order, then they can be charge with a crime related to that violation, arrested and placed in jail for their actions. The person who violated the restraining order will be looking at a criminal conviction on their record, a period of probation and other terms that the court in charge of the case deems appropriate.
IN ORDER TO OBTAIN A RESTRAINING ORDER YOU MUST SHOW HARRASSMENT BY THE OTHER PARTY
Judges will not just grant a restraining order because a person wants one. In order to get a restraining order issued against another party, you must show that other person is harrassing you in some significant way. Judges take these orders seriously and if they feel the party seeking the restraining order is just trying to play games with the system, then they will deny the restraining order and warn that party not to use the court system in the wrong way or they will find themselves involved in it on the wrong side.
Categorised in: Domestic Violence