Restraining Orders

A restraining order is a court order that orders someone:

  • To Not contact you in any way
  • To stay away from you, your home, and your work, and sometimes your friends and family.

There are three different types of restraining orders that are typically sought from people who are being harassed, stalked or have faced violence or threats of violence.  In each type, the person seeking the restraining order should apply to the court for a temporary restraining order (TRO). If granted by the court, the TRO works to protect you until a noticed hearing may be held and each side will be allowed to tell their side of what happened. After that hearing the Court will either deny the restraining order or make the restraining order permanent for up to three years (after the three years you must go back to court to extend the restraining order).

A court ordered restraining order will show up on the retrained person’s criminal record and could affect employment opportunities for the restrained person. Here is a brief description of each of the three types of restraining orders.

Civil Restraining Orders
You can ask the court for a civil harassment restraining order if you are worried about your safety because you are being:

  • Stalked,
  • Harassed,
  • Assaulted or sexually assaulted
  • Threatened
    by someone with whom you do not have an intimate or familial relationship.

Domestic Violence Restraining Orders
If you want protection from someone:

  • you are dating (or used to date),
  • you are married to (or were married to),
  • you are closely related to (like a parent, child, brother or sister, grandparent, or grandchild),
  • you have a child with or have dated or had a romantic relationship with: the person you want protection from, or if you are closely related to that person, you may
    you will need to file a Domestic Violence Restraining Order, in the Family Court.

Employer Restraining Orders
If you are an employer, you can ask the court for a civil harassment restraining order if you are worried about the safety of your employees and customers because an employee is being:

  • stalked,
  • harassed,
  • assaulted or sexually assaulted
  • threatened
    by someone who enters or contacts your place of business.

This is a somewhat rare and unique type of restraining order in that the party seeking to obtain the order must also prove that there is danger that the offensive behavior will continue.

We have successfully represented clients that have sought restraining orders against others and also successfully represented clients that needed to defend against having a restraining order being issued against them. In the past, we have spent over 50 hours volunteering at the Domestic Violence Restraining Order Clinic in San Diego and have occasionally supervised the clinic, when the on duty attorney was unable to work.

Every case is unique and brings its own challenges and set of facts that will determine the outcome. At Huston | McCaffrey, LLP we are skilled at working with our clients and using the facts and situations of each case to achieve the best results. To learn more about obtaining a restraining order or defending a restraining order that has been filed against you, your options, and for a free one hour initial consultation, contact us right away at (619) 800-1166 or email us.


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