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Will a restraining order help if he refuses to leave?

This article is by Norra Washington, a top rated Orange County car accident attorney. A restraining order is a legal document that prohibits one person from contacting or being near another who feels threatened. While this type of protective order can help create some space between people who are at odds, it cannot be used in every circumstance. Below is an overview of restraining orders and how they apply to domestic situations. If you are living in a potentially dangerous situation and your partner refuses to leave, you may be able to obtain an order of protection to make him leave your home.

What Is A Restraining Order?

A restraining order is also known as an order of protection. This document must be obtained by going through the proper channels at your local courthouse. A restraining order is only available by court order and must be signed by a judge.

Eligibility

You must have more than a casual relationship to obtain a restraining order. The person who you are afraid of must be:

  • A Spouse Or Previous Spouse
  • The Father Of Your Child
  • Your Child’s Mother
  • A Boyfriend
  • A Girlfriend
  • Someone Related To You By Marriage Or Blood
  • Someone Who Lives In Your Home On A Regular Basis

To obtain an order for protection, you must feel threatened or harassed by someone. If your partner refuses to leave the home and you are afraid he will harm you, you can ask the court to issue the order. However, not everyone that asks for this type of order receives one. It is ultimately up to the court to make that determination.

What Does This Order Do?

This document can help people in potentially violent relationships by placing criminal consequences in play if the order is violated. When you file for the order, you can ask the court to order your abuser to:

  • Leave Your Home
  • Stay Away From Your Place Of Employment
  • Stay Away From Your Children’s School
  • Avoid Contacting You By Phone, Text, Email Or Social Media

These are just a few things that you may be able to do with a restraining order. Other things you need may be ordered by the court, if the judge agrees to it.

How Do I Get A Restraining Order?

To file a petition for this type of order you must:

  • Go To The Courthouse In The County Where You Live
  • Fill Out A Request For Domestic Violence Restraining Order Form
  • Request An Emergency Order If You Think You Are In Danger
  • Go To The Hearing Given To You By The Clerk Of Court To Finalize The Request

In cases where two people are living together and one person could be harmed by the other, the judge may issue an emergency restraining order that goes into effect the very same day of the application. No matter which type of order the judge signs, you must attend the hearing on the date set forth by the court. Failure to do this will result in the dismissal of the request. At the hearing, both sides will speak with the judge and it will be determined if a permanent order is necessary.

If you feel your partner is threatening you and may do you harm, consult an attorney for advice. While you do not need an attorney to file a restraining order, you will need one going forward with your divorce and division of property. Hiring an experienced attorney can help you avoid the most common pitfalls in domestic situations.

 

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