A restraining order is a protective action that is meant to stop and prevent harassment, threats, or violence by one party against another. There are five types of restraining orders, with a civil harassment restraining order being one of them. Restraining orders can be temporary, or they can be permanent. While a restraining order is active, violations by the party that the restraining order is against can result in criminal charges.
If you have a restraining order against another party and they violate the terms of the protective order, or if you have to go to court because of an alleged restraining order violation, the Orange County civil harassment restraining order attorney at The Law Offices of William W. Bruzzo can help you. Attorney Bruzzo offers sound legal representation and counsel and also provides complimentary initial consultations to discuss your situation.
What Does a Civil Harassment Restraining Order Do?
When another party that is unrelated to you and that you do not have a romantic relationship with is disturbing you, pestering you, or threatening you, it is understandable if you want them to stop. To help remedy this type of situation, a civil harassment restraining order can be the right approach.
To obtain a civil harassment restraining order in California, the first step is to submit a temporary restraining order. In this initial petition, the details of the problem should be described for a judge to evaluate. A judge will usually make their own independent decision on whether a temporary restraining order should be issued. Normally, when this happens, the other party whom the restraining order is against will not be a part of the judge’s decision, and they will not have much say in how things go.
Regardless of if a judge decides to grant the temporary restraining order not, a hearing will be scheduled to take place shortly after. At the hearing, each side has their chance to make their case and use evidence to prove their position. A restraining order that is granted can be in effect for several years, and it also has the potential to be renewed.
In cases where a permanent restraining order is granted, this is a more serious situation for the individual that the restraining order is against. This is because they are considered to be dangerous and violent. As a result, when they have a background check conducted, it will show up. Because of this, certain opportunities in life may be limited.
Examples of individuals who may have a civil harassment restraining order issued against them can include landlords, neighbors, or coworkers. An individual that has a temporary or permanent restraining order against them must follow its terms. Failure to comply can result in criminal charges.
Speak to an Orange County Criminal Defense Attorney Today
Are you being harassed by another party? Or are you being falsely accused of threatening another person? The Orange County restraining order attorney at The Law Offices of William W. Bruzzo can help you no matter what side you are on. To learn more, please call (714) 547-4636 to schedule a free consultation.