In this video, family law attorney Sina Mohajer discusses the difference between a Protective Order vs Restraining Order. Who can file which one, and what really does it do as far as protecting you and your loved ones?
If you have any questions or would like to speak with a skilled attorney about family law, contact Mohajer Law Firm today at (626) 569-5200.
Transcript:
If you need protection from a spouse, domestic partner, or significant other, there are two distinct types of orders you can seek: a protective order and a restraining order. In this overview, we will discuss the differences between a protective order and a restraining order, including who can file for them and how they function to protect you and your loved ones.
Hi, I’m Sina Mohajer. I’m a family law attorney practicing in the Greater Los Angeles County since 2012. I’ve been a contributing member of the Los Angeles County Bar Association and I’ve been rated by super lawyer since 2019.
Nature of the Request
Now the difference between a protective order and a restraining order really comes down to the person who’s moving forward with such a request.
A protective order, in nature, is criminal. So that means only the district attorney or the police department can get you a protective order.
A restraining order, on the other hand, is you’re the moving party. So you would actually be petitioning the court, requesting for that type of relief.
A protective order does not necessarily require a pending criminal action. If there has been an incident of violence and you contact the police, they can often grant a short-term emergency protective order. This provides enough time to access the family court system with the help of a domestic violence lawyer in Arcadia to file for a restraining order.
A restraining order, however, if you are granted your temporary orders, it will last until the next hearing date, which is usually 21 days out.
Protect Children, Loved Ones, and Third Parties
Now, a restraining order or a protective order can not only protect you, it can protect your children, your loved ones, third parties, and it restrains the other side from coming in contact with you, either directly or indirectly. It keeps them 100 yards away from you, your third party, your loved ones, your children, their school, your place of business, your vehicle, your residence, and so forth.
It’s a laundry list of things that the restrained person cannot do. And if they violate that protective order or the temporary restraining order, they can be arrested and face criminal charges.
Permanent Restraining Order
Now, after that 21 days of the expiration of your temporary restraining order, that is the time when the Court’s going to allow the restrained party to be able to give their defense for the court to determine whether a more permanent restraining order can be granted or not.
And those restraining orders are usually granted anywhere between one to five years. And they can also be renewed at least one time. And when they are renewed, the courts usually renew it for a period of five years.
File It Right the First Time
So it’s very important to speak to a seasoned family law attorney to understand what had occurred and what’s the best approach to take on this case. Because once you get into that courtroom, there’s no do-overs. You can’t refile your restraining order simply because you didn’t present the evidence that you had available to you at that time. You would have to wait until further abuse or further violence occurs in order to get your foot back into that door.
Help With a Protective Order or Restraining Order in California
If you like to talk to a seasoned family law attorney, we offer a free initial consultation. I’ll be happy to sit with you to discuss what occurred, what happened, and who needs protection, to figure out the best approach, and figure out the best foot to put forward in order to get you that temporary restraining order, which will ultimately get you the permanent restraining order.
Feel free to reach out through our contact page or by phone to schedule a confidential meeting.