A restraining order is a court order that compels a person to refrain from certain actions for the benefit of another person. A restraining order is issued after a person files a petition for a protective order with the court, and the court determines that an emergency order is necessary to protect the petitioner from abuse. Ordinarily, a judge will issue a temporary restraining order, which typically expires after 21 days. At the expiration date, the judge may issue a permanent restraining order if the petitioner and the respondent appear in court to defend their positions.

Restraining orders are issued to stop a person from committing or threatening to commit certain acts of violence or intimidation. The Penal Code defines four specific crimes that a person may be ordered to refrain from committing.

Penal Code Section 273.6 prohibits a person from committing the crime of harassment against a victim named in a restraining order. The law defines harassment as any willful course of conduct that seriously alarms, annoys, torments or terrorizes another person and that serves no legitimate purpose.

Penal Code Section 273.6 also prohibits a person from stalking another person named in a restraining order. The law defines stalking as willfully, maliciously, and repeatedly following or harassing another person and making a credible threat with the intent to place that person in reasonable fear for his or her safety.

Penal Code Section 273.55 prohibits a person from willfully intimidating another person named in a restraining order against him or her. The law defines intimidation as placing another person in reasonable fear for his or her safety by threatening to commit a crime.

Penal Code Section 273.6 also prohibits a person from willfully harassing another person named in a restraining order. The law defines harassment as any willful course of conduct that seriously alarms, annoys, torments or terrorizes another person and that serves no legitimate purpose.

There are four types of restraining orders: emergency, ex parte, temporary and permanent.

An emergency restraining order is issued after a person files an application for a restraining order and the court determines that there is an immediate need to protect the petitioner from abuse. The emergency order expires in seven days, at which point the petitioner may petition the court to extend the order for a full 21 days.

An ex parte restraining order is issued after a person files an application for a restraining order and the court determines that there is an immediate need to protect the petitioner from abuse. The court may issue an ex parte restraining order without hearing from the respondent. An ex parte order expires in five days.

A temporary restraining order is issued after a hearing and the court determines that the circumstances warrant a full 21-day restraining order.

A permanent restraining order is issued after a party named in the order appears in court. If the respondent appears, the court may issue a permanent restraining order. If the respondent does not appear, the judge may still issue a permanent restraining order.

Individuals may also file for a civil harassment restraining order. A civil harassment restraining order is issued in civil court and does not require criminal charges to be filed against the respondent.

If you are looking for Beverly Hills & Los Angeles’s Top Restraining Order Attorney and contact Payam now for a free consultation on your case or call us at (323) 782-9927.