Easily File a Orange County Restraining Order From Your Phone
A restraining order is an order that's issued by the court to prevent violent behavior and keep the abusive party away from you. It is a court order that protects you from harassment, physical abuse, stalking, or threats from a violent person.
Filing for an protects you from a violent person by prohibiting them from performing specific actions named in the order. Under the California Penal Code Section 273.6, it's a crime to violate a restraining order, and you may face serious consequences for violating the order.
This post provides you with critical details on different types of restraining orders in Orange County, how to file for a restraining order, and how DoNotPay can help.
Different Types of Restraining Orders in Orange County
Different states have different laws in their restraining order processes, including the types of restraining orders you can file. For example, a California restraining order isn't the same as a Texas restraining order or Florida restraining order.
Orange County has four main restraining order types. These include:
|Domestic violence restraining order||This restraining order protects you from abuse by someone you have a domestic relationship with. This may include a parent, spouse, roommate, child, or family member.|
|Civil harassment restraining order||This restraining order protects you from abuse by someone who isn't your family member or doesn't live with you.|
|Dependent adult abuse restraining order||This restraining order protects the elderly from physical, financial, and emotional abuse.|
|Workplace violence restraining order||This restraining order is initiated by an employer to protect their employees from workplace violence or threats of violence.|
How Long Does a Restraining Order Last in Orange County?
Unfortunately, very few people know how long a restraining order lasts or the proof they need for a restraining order in Orange County. This section discusses three main categories of restraining orders and how to get them in Orange County. These are:
1. Emergency Restraining Order
As its name suggests, the emergency restraining order is for emergency situations. Law enforcers often request this restraining order when responding to a domestic violence call. If the police officer at the scene suspects that the victim is at risk, they can request an emergency restraining order from a judge.
You will be informed about the restraining order that takes effect immediately and often lasts for seven days or five working days. Beyond this timeframe, the victim can request a temporary or permanent restraining order from the judge.
2. Temporary Restraining Order
This restraining order can last for two to three weeks and is typically issued after the emergency restraining order expires or the person seeking the restraining order is still being harassed.
Harassment in this context means:
- Illegal violence or threats of illegal violence
- Conduct that alarms the victim and serves no other valid purpose
- Behavior that can make a reasonable person sustain significant physical injuries or emotional anguish
Before the temporary restraining order expires, you will be called to a hearing to determine if the restraining order should be lifted, extended, or made permanent.
3. Permanent Restraining Order
Judges typically order a permanent restraining order if they determine that the victim requires more protection from the defendant after the temporary restraining order. The court will listen to both parties before making the final decision on the case. Typically, a permanent restraining order can last for up to three years in Orange County.
Consequences of Violating a Restraining Order in Orange County
Knowing how a restraining order works or when to file a restraining order is only always half the work. You must also ensure that the defendant obeys the restraining order and report any incidents where they violate the order.
Violating the conditions of a restraining order is an offense and is usually charged as a misdemeanor. To prove that you violated a restraining order, the prosecution must provide sufficient evidence of the offense using the process below:
- The judge issued a lawful and binding restraining order
- The defendant was made aware of the restraining order against him/her
- The defendant intentionally violated that order.
The consequences of violating a restraining order Under Section 273.6 may include up to one year in the county jail and draw a fine of up to $1,000. However, if you're convicted of a second restraining order violation, it may be charged as a misdemeanor or a felony. This carries a penalty that ranges from probation to one year in the county jail or three years in state prison. You may also be fined up to $10,000.
These fines and penalties can become more severe if the defendant violates the restraining order in less than one year from the first violation.
How to File an Orange County Restraining Order With the Help of DoNotPay
Filing for an can be one of the most strenuous and time-consuming processes you can go through. But for such a critical court process, you want to ensure that all the papers are filed properly, you have all the necessary documents, and ready to provide sufficient proof in court to get a restraining order.
DoNotPay is the best online service to help you apply for a restraining order in Orange County. You can rely on the online service to quickly, easily, and successfully file your restraining order and have peace of mind in the process.
DoNotPay also provides you with other important facts like the costs for filing a restraining order and the necessary steps involved.
If you want to try DoNotPay to file a restraining order in Orange County today with the help of DoNotPay, simply follow these steps:
- Search for relationship protection on DoNotPay.
- Answer a few easy questions on our File a Restraining Order product.
- Submit the form and you're done!
What Else Can DoNotPay Do?
Besides helping you file a restraining order in Orange County, the DoNotPay app ensures that the process runs as smoothly as possible and sends all your important documents to the right offices. But you can also rely on the DoNotPay service to help you solve other issues you may run into, such as:
- Compensation for victims of crime
- Appeal a case in a small claims court
- The power of attorney
- How to standardize legal documents
- Report stalking and harassment
Filing a restraining order can be a strenuous and lengthy process and most times requires the help of a legal expert. DoNotPay provides you with the tools and expertise necessary to help you file a restraining order against a dangerous person. Your safety is important to us, and we will work swiftly to ensure you get the protection you need.