Restraining Orders

The Court has the power to grant protective orders called restraining orders. If the person requesting protection makes a declaration containing allegations that are serious enough and specific enough, the Court will either set an emergency hearing (an ex parte hearing) or grant the order for a short period of time (from a few days up to about 25 days). This initial order is called a “temporary” order, and violating it can have serious, even terrible consequences. For persons in some careers, a TRO can prevent them from being employed while it is in effect. If you, or someone you know is informed of a “temporary” restraining order (sometimes called a TRO), it is essential that the person consult an attorney immediately. Do not violate a TRO for any reason, not even to try to peacefully persuade the protected person to drop it!

At the next hearing, the court can dismiss the “temporary” order, keep the temporary order in effect a little longer, or make it permanent (a permanent order is for up to five years and can be extended). A permanent order can be devastating if the restrained person has children or has a career or hobby where he or she carries a firearm.

Whether you need the protection of a restraining order or you need to oppose a restraining order, you will benefit from consulting an experienced family law attorney as soon as possible. If necessary, request a continuance of the court hearing so that you can get the time to consult a lawyer before answering any questions about the alleged incidents. The effects of a restraining order can be devastating to your chances of custody of children for as long as five years. A permanent restraining order, even if only granted for a shorter period such as a year, can have unexpected negative effects on gun ownership, gun use, and even employment, adoption, and child custody, long after the expiration of the restraining order.

If you live in or near Hemet, California and want to understand your rights and options regarding a restraining order, contact Julie Clark, Attorney at Law today.