Restraining orders can be critical legal protection in many dangerous domestic or civil situations. These court orders prevent an individual from harming another—typically a member of their own family or household. For example, if one spouse physically injures the other spouse, the injured spouse can secure a restraining order to remove the abuser from the house and prevent them from causing further harm.
If you have experienced domestic violence, stalking, harassment, or any other form of harm from an individual inside of your household, neighborhood, or workplace, a restraining order can offer legal protection. The primary purpose of a restraining order is to prevent you from experiencing further harm. It is also possible for your restraining order to play a pivotal role in a divorce case if your order applies to your spouse.
Obtaining a Temporary Restraining Order in Riverside
The process of obtaining a restraining order is relatively straightforward. The party who needs the restraining order is known as the petitioner, and they can submit a request for a temporary restraining order to the Riverside family court. Restraining order requests are processed on the same day they are submitted and require an extremely low burden of proof. The petitioner must simply provide “reasonable proof” that a threat of harm exists from the subject of the order. Petitioners can submit a restraining order request electronically, or the police may help file for a restraining order if they are called to respond to a domestic issue at the petitioner’s home.
The petitioner must provide a statement under penalty of perjury declaring that the subject of the restraining order presents an immediate threat to them, their children, and/or other members of their household. Once the temporary restraining order is approved, the court will set a hearing date, and the temporary restraining order will expire on this date. At the hearing, a judge will determine whether it is necessary to convert the temporary restraining order to a permanent restraining order based on a “preponderance of evidence.” This means the judge must determine that further harm is more likely to occur than not unless a restraining order remains in place.
Obtaining a Civil Restraining Order
Not every restraining order in Riverside pertains to domestic violence between family or household members. It is also possible to secure a civil restraining order against a coworker, neighbor, or other individual in the community. There must be “clear and convincing evidence” that this individual has engaged in harmful actions against the petitioner and presents a threat of further harm in the future without a restraining order.
What Can a Restraining Order Do?
Once you have a restraining order, the subject of the order must abide by all the terms included in the order or face severe criminal penalties. These penalties apply for both temporary restraining orders as well as permanent restraining orders and may include substantial fines or jail time. Restraining orders protect petitioners in several ways:
- A restraining order can prohibit the subject of the order from engaging in specific actions. The order may prevent the subject of the order from coming into physical contact with the petitioner and contacting the petitioner by phone, text, or email. Restraining orders prohibit the subject of the order from stalking or harassing the petitioner and members of their family.
- The restraining order may also place movement restrictions on the subject of the order. For example, the order may state that the subject of the order cannot come within 100 yards of the petitioner’s person, home, place of work, or their children’s schools.
- A restraining order could also compel the subject of the order to vacate their home if they share it with the petitioner. This is common with domestic violence restraining orders. The court will demand that the subject of the order leave their home with nothing but their clothing and personal effects until the hearing date for the permanent restraining order. If a permanent restraining order is issued, the police will supervise the subject’s move-out process, ensuring they only take their own separate property with them.
A restraining order can provide the petitioner with expansive protection and prevent them from experiencing further harm. If you believe you need a restraining order of any kind, it is helpful to discuss your options with a Riverside family law attorney. However, if you have experienced domestic violence, it is crucial to call the police immediately so you can secure a temporary restraining order as soon as possible.
Do I Need a Lawyer to Obtain a Restraining Order for Me?
You are not legally obligated to hire a lawyer to obtain a temporary restraining order. However, it is wise to have legal counsel with you for your restraining order hearing. This is especially true if the subject of the restraining order has secured their own legal counsel. Your attorney can help you meet the standard of proof required for a permanent restraining order. Additionally, your attorney can help the court understand your unique circumstances and ensure that your restraining order contains the provisions necessary to ensure your protection in the future.
Working with an experienced Riverside family law attorney is one of the best ways to handle any legal situation involving a restraining order. Your attorney can assist you in preparing a divorce petition and ensure the court pays appropriate attention to any existing restraining orders during your divorce proceedings. If you have children, your attorney can help you secure custody rights that ensure their safety and enforce the other parent’s requirement to pay child support. Keep in mind, if your spouse loses their custody rights due to domestic violence, they are still responsible for supporting their children financially.
Your attorney can help you navigate the complex family law proceedings your restraining order might influence, from a divorce case to a child custody determination. If the subject of your restraining order violates the conditions of the order in any way, your attorney can ensure they are held accountable for their actions.
Get Help Securing a Riverside Restraining Order
If you need help securing a restraining order in Riverside or if you are unsure of how to prepare for a restraining order hearing in the Riverside family court, a skilled family law attorney can help. The Law Offices of Kathleen G. Alvarado can provide the legal representation you need to navigate a dangerous situation and establish a protective or restraining order. Contact us today to schedule a consultation with our team and learn more about how we can help you.