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The importance of obeying a restraining order

Sep 8, 2022 | Firm News

If you are in possession of a restraining order, you may be wondering what you need to do. The order will list a variety of restrictions that you must follow for a specified period of time, and not doing so results in serious consequences.

There are different types of orders, and you do have the opportunity to state your case in front of a judge.

Types of orders

The first thing to do is identify the type of order. The California Courts discusses that there are three main types of orders. If a law enforcement officer suspects domestic violence, he or she can request an emergency protective order. If the judge approves it, it goes into effect immediately and is effective for up to seven days.

During this time, the alleged victim can request a temporary restraining order. If approved, this order lasts around 25 days, or until the hearing date.

The hearing is when you have the chance to state your side to the judge before he or she decides to continue or end the TRO. If there is a continuation of the order, this permanent restraining order is in effect for up to five years.

Common restrictions in a restraining order

On the order, the judge will mark off certain restrictions and orders that you must follow. These may include three main orders:

  • Stay-away orders
  • Personal conduct orders
  • Residence exclusion orders

Some examples of orders you may have to follow include staying away from the protected person, avoiding all communication with protected person, moving out of the house you live in with the protected person, paying certain bills, following visitation orders or attending a batterer intervention program.

Consequences for violating an order

If you violate any aspect of the restraining order, you will face potential penalties. These include jail time, fines or both.