The Restraining Order Process in California
When a person believes they are in imminent danger, a “restraining order” is often sought. However, that is not always the appropriate legal course for the situation.
What is a Restraining Order?
In the state of California, a restraining order can also be referred to as a stay-away order, a protective order, or a protection order. Regardless of the verbiage, this item is a court order or mandate that prohibits one person from doing a specific task. Restraining orders are only used in very specific situations, although the term is used quite frequently throughout the media and television. In situations where child custody, paternity, or divorce cases are being settled, a restraining order may be put into place to keep a spouse or parent from absconding with the child/children in question. A restraining order may also be used to prevent one person from selling joint property prior to a final court judgment. A restraining order is not used to keep one person away from another, such in cases of harassment or stalking.
What is a No Contact Order? …show more content…
This legal order prohibits one party from having any contact whatsoever with the person who filed for the order. Verbal communication of all forms is considered contact, and will include writing and phone calls. A No Contact Order also relates to all forms of physical contact, direct and indirect. A person listed on a No Contact Order cannot follow the victim, nor purposefully be within the same places of that victim. A No Contact Order is most notably associated with cases of stalking, sexual offenses, and domestic violence. In these situations, a criminal case will be brought against the perpetrator, and the court system will automatically issue a No Contact Order to protect the victimized person or
When a person believes they are in imminent danger, a “restraining order” is often sought. However, that is not always the appropriate legal course for the situation.
What is a Restraining Order?
In the state of California, a restraining order can also be referred to as a stay-away order, a protective order, or a protection order. Regardless of the verbiage, this item is a court order or mandate that prohibits one person from doing a specific task. Restraining orders are only used in very specific situations, although the term is used quite frequently throughout the media and television. In situations where child custody, paternity, or divorce cases are being settled, a restraining order may be put into place to keep a spouse or parent from absconding with the child/children in question. A restraining order may also be used to prevent one person from selling joint property prior to a final court judgment. A restraining order is not used to keep one person away from another, such in cases of harassment or stalking.
What is a No Contact Order? …show more content…
This legal order prohibits one party from having any contact whatsoever with the person who filed for the order. Verbal communication of all forms is considered contact, and will include writing and phone calls. A No Contact Order also relates to all forms of physical contact, direct and indirect. A person listed on a No Contact Order cannot follow the victim, nor purposefully be within the same places of that victim. A No Contact Order is most notably associated with cases of stalking, sexual offenses, and domestic violence. In these situations, a criminal case will be brought against the perpetrator, and the court system will automatically issue a No Contact Order to protect the victimized person or