A restraining order is a court order placed against an individual, which can prevent any contact with the person who filed for the restraining order. These court orders are generally used in harassment, domestic violence, stalking and sexual assault cases. These court orders can also last for several days to several years and may include criminal penalties if not upheld.
Provisions in Retraining Orders
Restraining orders can include an array of provisions.
- Stay away: This provision may stipulate to stay away from the other person’s workplace, home or school
- No contact: No contact refers to contact via phone, notes, mail, fax or gifts. It also includes online contact, such as Facebook
- Cease abuse: All threats and harassments must stop
- Exclusive use: If a couple owns property, the order may stipulate that one person use the property
- Other provisions: This may include therapy, surrender of firearms or drug counseling
Enforcing Restraining Orders
Restraining orders entail civil disputes and can only be enforced through civil proceedings. This is typically done by law enforcement but varies from department to department. The most effective way to enforce a restraining order is to file a request with the court to find the other party in violation of the restraining order.
Restraining orders can have a negative impact on people’s life. It is important to hire an experience attorney like Erika M. Mayorquin to either zealously pursue or defend against claims. For example, if a restraining order is issued against, there can be serious consequences if you violate it. Having attorney Erika M. Mayorquin will ensure that your rights are protected. She can help you fill out and file a Response to Request for Civil Harassment Restraining Order and at the hearing. Attorney Erika M. Mayorquin will assist in getting all the evidence together and briefing witnesses.
In addition, attorney Erika M. Mayorquin provides legal assistance if you want to file a restraining order. She can help you with the paperwork and take action if the provisions of the restraining order aren’t adhered to. While you don’t have to press charges against the perpetrator, the police will a report, and the district attorney makes the decision as to whether or not the abuser is charged with a crime. If you’ve just been given a restraining order or are considering filing for one, attorney Erika M. Mayorquin will help guide you.