What is a restraining order?

A restraining order, also known as a protection order, is a legal order from a court that is designed to protect someone from being harmed, harassed, or threatened by another person. In California, a restraining order must be issued by a judge who has examined the evidence and determined that someone is in danger, or needs protection from another person. Restraining orders, when in effect, restrict certain activities for the person it is issued against. This could include ordering the other person to stay away from the protected person, their home, school, or job, and to not contact them or their family in any way. If the other person violates the restraining order, they can be held in contempt of court. Restraining orders are available to anyone in need of protection, not just victims of domestic violence. If someone is being harassed or threatened, or is in fear for their safety, they can turn to the court for help. Restraining orders can be issued on an emergency, short-term, or long-term basis, depending on the circumstances and severity of the situation. It is important to note that restraining orders are civil orders, not criminal charges, and so do not appear on someone’s criminal record. Unfortunately, this also means that restraining orders are not enforced by law enforcement, so it is important for restraining order holders to be aware of their rights and to have a plan in place for staying safe.

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