There are 4 types of restraining orders.
-Temporary Restraining Orders (TRO)
If you would like to request a domestic violence restraining order, you will need to fill out the proper forms. On these forms you will have to prove that you need protection and if the judge feels that you need the protection, he/she will issue a temporary restraining order. Temporary restraining orders often last for about 20-25 days until your court hearing.
-Permanent Restraining Order
At your court hearing for your TRO, the judge might feel that you need more protection and may order a permanent restraining order. This restraining order isn't really permanent, as they only last up to 3 years but when your order runs out, you can request to have a new restraining order issued for another 3 years.
This restraining order is issued after a court hearing.
-Emergency Protective Restraining Order (EPO)
This type of restraining order can only be requested by a law enforcement officer and lasts a maximum of 7 days. The officer will need to call a judge (24/7) to get authorization for the order and the order takes effect immediately. Therefore , when called to the scene of a dangerous domestic violence threat, the victim can be placed in protective custody right away.
This order allows the victim enough time to request a TRO with the court.
-Criminal Protective Restraining Order (or a Stay-Away Restraining Order)
If there is a case of dependent adult/elder abuse, the district attorney will often file criminal charges against the abuser. This action begins a criminal court case and it is common for the court to issue a protective order on the victim during the court case.
If the defendant is found to be guilty, the victim will be issued a permanent restraining order that will last for 3 years after the case is closed.
For further information regarding domestic violence and restraining orders please contact the Orange County divorce lawyers at 714-971-8000. Call today for your free 60-minute consultation!