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A Victim's Guide to Obtaining a Restraining Order

Last updated 5 years ago

A restraining order is a specific type of court order designed to protect individuals from being threatened, stalked, harassed, or physically abused. Some restraining orders, known as civil restraining orders, can give you custody of your children, allow you to order child support, and cover the safety of your property and pets. Continue reading to get the facts regarding restraining orders.

Who Can File a Restraining Order?

Any individual over 14 years of age may file for a restraining order if they have been abused by someone they are related to or have a close relationship with—such as individuals who are dating or used to date, those who are separated or divorced, and individuals who are married or registered domestic partners.

How Long Will it Take?

Once you file a restraining order, the judge will have two business days before they have to decide whether or not to grant permission for the protection request. If the request is approved, the judge will provide a temporary restraining order that lasts up to three weeks until the court hearing, after which time a permanent restraining order will be issued in about a month.  However, the order will not be valid until the abuser has been served with the paperwork.

Do You Have to Press Charges?

Just because you are filing a restraining order against an individual does not necessarily mean you are pressing charges—which really only means that you are cooperating with the police who are investigating the incident. In the event that the police are called to the scene and determine that the abuser is committing a crime, the police may file charges on their own.

Have you made the decision to file a restraining order? Make sure you are getting the advice and legal representation you need by contacting the attorneys with Moreno Family Law in San Jose at (408) 266-9011. You can also contact our divorce attorneys and family lawyers by visiting us online.


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