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GET HELP HOW TO FILE A RESTRAINING ORDER

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LEGAL RESTRAINING ORDERS


California law allows minors 12 years old or older to request a Restraining Order. Your parents do not have to be notified. It's the law that these orders are available to adolescents. There are legal options for you, call our Legal Advocates to assist you at (949) 361-3775


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What's a Restraining Order:

A restraining order (sometimes called a protection order) is legal document which is signed by a judge and tells your abuser to stop the abuse or face serious legal consequences. It offers protection from abuse to both girl and boy victims.

What does a Restraining Order Do:

  • Tells the abuser to stop hurting you physically or sexually
  • Tells the abuser that they are required have no contact with you, including but not limited to physical contact, written communications, including email, or telephonic communications
  • Tells the abuser stop stalking, threatening, harassing, emailing, texting, or calling you
  • Tells the abuser not to contact or go near you, your relatives, or others who live with you
  • Tells the abuser to stay a certain distance away from you
  • Tells the abuser that they cannot have any guns
  • Restraining orders can also require the batterer to return property
  • Tells the abuser to attend batterer's treatment programs

In the state of California, it is a misdemeanor (a punishable crime) to violate a restraining order, meaning that if a person violates an order he/she can be jailed for up to one year.

Different Types of Restraining Orders in California:

  • EPO's or Emergency Protective Orders, are the same as a RO’s or Restraining Orders, they are available 24 hours a day, seven days a week, including holidays and weekends. They can only be obtained in cases of emergency. They are only good for up to 5 business days or 7 regular days. If you are in immediate danger you can contact the police. The officer/deputy will contact a judge and request an Emergency Restraining Order.
  • Temporary Restraining Orders, or TROs, are good for up to 3 weeks
  • Permanent Restraining Orders can be good for up to five years. In order to obtain a permanent restraining order, one of our legal advocates will prepare you to go in front of a judge and present evidence proving why an order is required. This is hearing to show cause.
  • Civil harassment orders are essentially the same as restraining orders. The difference is that these orders can be obtained against anyone regardless of the relationship between the victim and the abuser. Civil harassment orders are often used to restrain acquaintances, neighbors or stalkers.
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