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How To Obtain A Restraining Order | Jake Brower, Attorney At Law |Criminal Lawyer | Criminal Defense |DUI Defense Attorney |Felony Arrests |3-Strike Cases |Santa Ana, Orange County, CA

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  • How To Obtain a Restraining Order

    Posted Feb 15th, 2013 By in Uncategorized With | Comments Off on How To Obtain a Restraining Order

    Do you think you need to take a restraining order out against someone? Here’s the process you need to know. There are two types of restraining orders: civil harassment and domestic violence . The requirements to obtain a domestic violence restraining order are as follows:

    • There must be a domestic relationship between you and the person to be restrained
    • Presently or previous married to each other
    • Presently or previously dating each other-presently or previously engaged to each other
    • Presently or previously living together in an intimate relationship (if solely roommates, the proper restraining order is a civil harassment restraining order)
    • Have a child or children in common with each other
    • Are related to each other by blood within the second degree (i.e., parent, sibling, grandparent)
    • Are related by marriage (i.e., mother-in-law, brother-in-law)

    If the relationship between you and the restrained person is not domestic, then you need a civil harassment restraining order. There must be recent physical violence (generally within the past 30 days) OR a threat of imminent physical violence before the court will issue a temporary restraining order (TRO). In other words, has the person to be restrained committed at least one of the following:

    • Physically assaulted or attempted to physically assault you or a member of your household (including sexual assault)
    • Caused, threatened, or attempted bodily injury to you or a member of your household
    • Made you or a member of your household afraid of bodily harm

    There are no court costs associated with obtaining a domestic violence temporary restraining order.

    When filing a restraining order, you must:

    • Obtain and complete the necessary paperwork from business office of the Orange County court.
    • Take the completed forms to the clerk’s office so he or she can process them and assign you to a specific judge. Only a judge can approve a restraining order.
    • Take your paperwork to the assigned court room and present it to the Bailiff. After signing the papers, the judge will tell you to go back to the clerk’s office for your other paperwork.
    • Law enforcement must also process your restraining order because the person who is to be restrained must be given proper notice and a hearing date. Law enforcement provides that person with a copy of the restraining order.

    Follow this link for more information.

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Jake Brower Criminal Defense Attorney, DUI Lawyer, Felony Arrests, 3-Strike Cases, Criminal Law, Drunk Driving Lawyer, Los Angeles, Orange, Anaheim, Corona del Mar, Costa Mesa, Irvine, Huntington Beach, Long Beach, Mission Viejo, Aliso Viejo, Lake Forest, Rancho Santa Margarita,Santa Ana, Newport Beach, Newport Coast, Laguna Beach, Laguna Niguel, Riverside, San Diego, Ventura, Beverly Hills, Hollywood,Oceanside, San Clemente, Carlsbad, Dana Point, Seal Beach, Long Beach, 1043 Civic Center Drive West, #200, Santa Ana CA 92703