Definition of Restraining Order
Restraining orders or protective orders are orders by the court restraining an individual’s rights. A restraining order can prevent a person from being within a certain distance of another, including the second party’s residence, employment, vehicle, or other individuals associated with the second party. Restraining orders are issued after a finding of abuse or harassment, and can be issued permanently for a number of years.
The Law Office of André J. Ausseresses, APC does handle restraining orders heard in the family law courts. The family law courts hear restraining orders based on either domestic violence or harassment.
Restraining orders based on domestic violence are issued either at the ex-parte (emergency) hearing or after an evidentiary hearing. There are certain family code requirements for the court to issue a restraining order during the ex-parte process. Only after a finding of domestic violence is a permanent restraining order issued. If domestic violence is found, the restraining order will be a CLETS order, which is an order that would be electronically transmitted to all law enforcement agencies. Additionally, other orders may also be issued at that time.
A restraining order issued based on harassment has the same requirements as a restraining order issued based on domestic violence at the ex-parte hearing. The distinction between restraining orders based on domestic violence or based on harassment is whether or not it will be a CLETS order. If a party has a prior criminal record, there are various requirements before that record is admissible.
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