Helping Riverside Clients Secure Restraining Orders

When an individual experiences domestic violence from a spouse, relative, or household member, they have the right to seek legal protection from further harm. At the Law Offices of Kathleen G. Alvarado, our family law team understands how devastating it can be for anyone to experience violence in the home. No matter what your case entails, you can rely on us to guide you through the process of obtaining the appropriate restraining orders you need to ensure protection for you and your family.

The burden of proof for a temporary domestic violence restraining order is quite low. The petitioner only needs to provide “reasonable proof” of violence within the home to secure this type of restraining order, but they must attest to the proof provided under penalty of perjury. While it is possible for an individual to lie and secure a restraining order against someone else out of spite, they face severe legal repercussions for doing so. The petitioner must provide reasonable proof that the restraining order is necessary to prevent extreme harm.

In most cases, temporary domestic violence restraining orders are issued after the police respond to a domestic disturbance call and determine that some type of domestic violence has occurred. In these situations, the police have a responsibility to remove the aggressor from the situation. When the Riverside family court issues a temporary restraining order, the order will expire on the date set for the hearing to determine whether a permanent restraining order is necessary.

The burden of proof for a permanent restraining order is a “preponderance of evidence,” meaning a more formal legal review process is necessary to determine whether a permanent restraining order is necessary. If the judge reviewing a case determines that the incident in question is more likely to have occurred than not based on the available evidence, this can be enough to satisfy the burden of proof for a permanent restraining order.

If you are seeking a civil restraining order against someone who is not a member of your family or part of your household, such as a coworker or neighbor, the burden of proof for securing your civil restraining order is “clear and convincing evidence.” The court must be able to review communication records, physical evidence, and witness statements to establish this burden of proof and issue the restraining order.

If you successfully obtain a restraining order in Riverside, there are many different terms and conditions that it might include:

• Personal conduct orders require the subject of the restraining order to follow specific rules. They may be barred from contacting the petitioner or members of the petitioner’s family or household. They may also be barred from sending messages of any kind or engaging in stalking, harassment, or other behaviors.
• “Stay away” orders prevent the subject of the restraining order from entering a certain distance around the petitioner, the petitioner’s home, or other specific places. For example, if you obtain a restraining order against an abusive spouse, the stay-away order could prevent them from coming near your home, your place of work, your children’s school, or a daycare center. Stay away orders can also prevent the restrained person from coming within a certain distance of the petitioner’s person in public places.
• “Move out” orders compel the subject of a restraining order to leave the place where the protected person lives, taking only clothing and personal belongings with them until the court hearing. Typically, this is a supervised process, and a police officer will escort the subject of the order as they pack their things and leave the premises in question.

If the subject of the restraining order violates the order in any way, they face severe legal penalties, including fines and jail time.