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  • Writer's pictureHector Perez

What is a Restraining Order?

Restraining orders are often referred to as protection orders. These orders are used to restrict both criminal and noncriminal activities from occurring. For example, one can place a restraining order against someone due to domestic violence. In addition to that, restraining orders can also be used against property owners to stop activities that may lead to public nuisance.

Here are some common questions regarding restraining orders:

How are Restraining orders Issued?

Restraining orders are issued by a Judge to restrict the aggressor to stay away from the accuser. When placing a restraining order in a Federal court, a notice is not required. However, a notice is required for a state court despite the short time period.

What is the length of a protective order?

The length of a protective order can depend on the state in which you reside. Various states have time limits to determine the duration of the restraining order. Many states give the judge the power to make orders permanent. Although, final orders can undergo modification if a party asks the judge to do so.

How are Restraining orders enforced?

The police department enforce restraining orders that are placed against a stalker or a domestic abuser.

What happens if you fail to obey a restraining order?

In many states, the police are directed to arrest the defendant. This occurs if the defendant is proven to have violated the terms listed on the restraining order. Prosecutors can charge the defendant of contempt of court due to the violation of an order, as well as assault if applicable.

At the Law Offices of Hector C. Perez we offer services regarding Probates, Trusts & Estate Planning, Family Law Restraining Orders, and Personal Injury.

Contact our office for a free consultation regarding your legal matters at (562) 484-7009

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