Restraining Order FAQ

Restraining orders are commonly talked about, but they are rarely understood. If you need authorities to get involved to stop someone from threatening you, hurting you, stalking you, or harassing you, you may need to file for a restraining order. 

If you decide to go through this process, you will hear family court lawyers in Los Angeles refer to the person getting the restraining order as the “protected person.” The person who the restraining order is against is the “restrained person.” Sometimes, restraining orders will include other parties, such as children, in their protection.

It’s important to know that domestic violence is a crime. Our domestic violence protection attorneys in Los Angeles can tell you how many relationships started off on a positive note but ended up with one partner visiting our Los Angeles family law office to get legal protection against the other. 

Domestic violence is not something to take lightly, as it can quickly escalate. If you don’t think it could ever happen to you, you’re wrong. 1 in 4 women and 1 in 7 men are victims of severe physical violence like strangling or beating by a romantic partner in their lifetime. Taking the first actions of aggression seriously and getting authorities involved is the safest option for you and your family.

How Many Types of Restraining Orders Are There?

There are 4 different types of restraining orders you can get. They affect different relationships in your life, and they are as follows:

• Domestic Violence Restraining Order: This restraining order is for close personal relationships such as romantic partners, whether or not you are still together, as well as the parent of your child. They can also be taken out against family members, like parents, children, brothers, sisters, in-laws, or grandparents.
• Elder or Dependent Adult Abuse Restraining Order: Elder abuse can occur in many other forms than just physical. A person over the age of 65 can get an elder abuse restraining order for anyone who is abusing them physically or financially or against a caregiver who is neglecting their duty of basic care or service. 
• Civil Harassment Restraining Order: You can get a civil harassment restraining order if you are being harassed, stalked, abused, or threatened by a person you are not close to. The kind of person you would take out a civil harassment restraining order against is a roommate, neighbor, or a more distant family member like a cousin.
• Workplace Violence Restraining Order: Employers can get these kinds of restraining orders to protect themselves or their employees. If you need protection against a coworker, you’ll need to ask your employer to file for a workplace violence restraining order.  

Do I Need an Attorney for a Restraining Order Hearing?

If you believe you need legal protection to stop your abuser, you must first go to your city’s courthouse to complete paperwork that is sent to a judge for signing. You can complete the paperwork yourself, or contact a restraining order attorney in LA for assistance. An attorney will know if your situation qualifies for a restraining order, and they will also know the best and fastest way to make it happen; they may even recommend police intervention. An attorney for restraining orders in Los Angeles is not necessary, but family law can be intricate, so it doesn’t hurt to have a professional legal advocate who has dealt with restraining orders on your side. 

Does a Restraining Order Cost Money?

Filing a restraining order is free, but if the judge wants a court hearing regarding this restraining order, you may want a lawyer to go with you. A domestic violence lawyer in LA is going to charge you legal fees, but many people think paying for a legal advocate is worth it because they can provide legal advice as well as support in these kinds of situations.

Does a Restraining Order Extend to Social Media?

A restraining order stops your abuser from contacting you, but you may be wondering if it extends to social media activity. If your abuser follows one of your social media profiles or likes your photos, does this count as a violation of your restraining order? California courts consider social media interactions as contact between the restrained person and the protected person, so it does count as a violation.

Can I Get a Restraining Order Against My Roommate?

Living with someone allows you to see a different side of them than those who know them purely socially or professionally. When roommate situations turn negative, they can quickly escalate since your lease forces you to come into contact with them. If the situation is so bad that you fear for your safety, you can get a civil harassment restraining order.

Does a Restraining Order Also Extend to My Children?

You need to take out a restraining order against the other parent of your child, you may be wondering how this affects their visitation rights.  When you start the restraining order process, you will be given a temporary restraining order, which can affect the custody that your partner (or ex-partner) has over your child. You can then get a longer-term restraining order that protects both you and your child. If the child is over the age of 12, they can file for the restraining order by themselves. 

Will a Restraining Order End Up on My Criminal Record?

Restraining orders are civil orders, but the person filing for it can charge you with domestic violence, which is a criminal charge. A restraining order will also show up on your criminal record, should someone conduct a background check on you for the purpose of employment, probation, or immigration.

Can a Restraining Order Disqualify You From the Military?

Having a civil restraining order taken out against you is not grounds for military discharge or disqualification to serve. However, restraining orders often come with domestic violence or firearms charges, and these have the potential to negatively affect your military career.  

About The Law Offices of Nigel Burns 

The Law Offices of Nigel Burns is a law firm for family issues, like those surrounding marriage, divorce, and adoption. These are personal matters, so it’s natural to become emotionally invested in your civil lawsuit; our attorneys can handle the legal process to minimize any stress that you may feel. Our attorneys are experts in civil litigation, ensuring that your lawsuit brings you the most favorable results. Our attorneys can help litigate: 

• Restraining orders
• Divorce
• Child support
• Child custody
• Property division
• Trust and probate litigation  

Our attorneys can also help you pursue compensation if you were in an accident and need to sue for damages. If you suffered a car wreck, bike accident, or were hit by a car as a pedestrian, we can get your personal injury lawsuit started. Our offices are located across greater Los Angeles, so accessibility shouldn’t be a problem. We’re also offering virtual services due to COVID-19. To see our full list of contact options, click here.