Understanding Restraining Orders in Criminal Law

Orange County Criminal Defense

Restraining orders are a legal tool used in criminal law to protect victims from harm. These orders, also known as protective orders, are issued by a court and prohibit an individual from contacting or coming near the victim. In this comprehensive guide, we will explore the basics of restraining orders in criminal law, including how they work, who can obtain them, and what to do if you need one.

 

What is a Restraining Order?

 

A restraining order is a court order that prohibits an individual from contacting or coming near the victim. These orders are typically issued in cases where the victim has been threatened, harassed, or physically harmed by the individual. Restraining orders can be temporary or permanent, depending on the circumstances of the case.

 

Types of Restraining Orders

 

There are several different types of restraining orders that can be issued in criminal law cases. These include:

 

  • Emergency Protective Order (EPO): An EPO is a temporary restraining order that is issued by law enforcement when there is an immediate threat of harm to the victim. These orders typically last for a few days until a more permanent order can be issued.

 

  • Temporary Restraining Order (TRO): A TRO is a court order that prohibits an individual from contacting or coming near the victim. These orders are typically issued for a short period of time, usually a few weeks, until a hearing can be held to determine if a more permanent order is necessary.

 

  • Permanent Restraining Order: A permanent restraining order is a court order that prohibits an individual from contacting or coming near the victim for an extended period of time, usually several years. These orders are typically issued after a hearing has been held and evidence has been presented to the court.

 

Who Can Obtain a Restraining Order?

 

Restraining orders can be obtained by anyone who has been threatened, harassed, or physically harmed by another individual. This includes spouses, partners, family members, and even strangers. In order to obtain a restraining order, the victim must file a petition with the court and provide evidence of the threat or harm.

 

What to Do if You Need a Restraining Order

 

If you need a restraining order, it is important to seek the help of an experienced criminal law attorney. Your attorney can help you file the necessary paperwork and provide evidence to the court to support your case. It is also important to take steps to protect yourself in the meantime, such as changing your phone number or staying with a friend or family member.

 

In Conclusion

 

Restraining orders are an important tool in criminal law cases to protect victims from harm. If you need a restraining order, it is important to seek the help of an experienced attorney who can guide you through the process and help you obtain the protection you need.

 

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