What Are Temporary Restraining Orders, and What Do They Do?

Human interaction is complex, and we can’t expect to restrict all areas of behavior. But when someone’s acts cross the line, you can get a temporary restraining order in Carlsbad, CA.

Restraining orders tend to be sensationalized in pop culture and media, so most laypeople don’t understand what they are, what they do and, perhaps more importantly, what they cannot do.

What is a temporary restraining order?

A restraining order can be granted against anyone, regardless of sex, gender or age. In California, a temporary restraining order restricts a person from having opportunities to commit acts of civil harassment, workplace violence, elder or dependent abuse and domestic violence. Typically, temporary restraining orders last for about 21 days, which gives victims and their lawyers enough time to sort out important documentation to either make the temporary restraining order permanent, or let it go.

To get a temporary restraining order, the victim must show through a preponderance of the evidence (that is, more than 50 percent of the evidence) that they have experienced violence, the threat of violence, stalking, sexual assault or other harassment, including unlawful assault and battery or conduct that has severely alarmed, annoyed or harassed them without any legitimate purpose. Civil harassment can be proved through calling, emailing, photographing, following, harassing and otherwise bothering a person at their home, place of employment or place of recreation. If you think you are a victim of stalking, make sure to record each incident of harassment.

What are the limitations of temporary restraining orders?

The biggest limitation of a temporary restraining order is, obviously, time. Most temporary restraining orders last for 21 days while the victim and their lawyers work to put together a case that the perpetrator should not be allowed to continue to contact the victim.

If you have a temporary restraining order, you can expect the permanent restraining order timeline to be on par with the level of emergency in your case. If you have a party who stalks, intimidates and harasses you, you’ll probably see relief much earlier than if you’re dealing with a jerk ex-spouse who sends you a lot of nasty texts from various numbers. While it might not seem fair—emotional abuse can be every bit as terrifying as domestic violence—the courts and police have limited resources.

Getting a restraining order

Chances are, if you’re on a lawyer’s website, you’ve already thought about retaining an attorney, so we suggest you use this opportunity to find the right lawyer for your case. If you need a restraining order, you can apply for one yourself, but it’s always smart to have a lawyer on your side to help you navigate murky legal waters.

Even if your temporary restraining order in Carlsbad, CA is denied, you may still be able to obtain one for other reasons, like workplace harassment. To talk to an experienced attorney, call Gregory S. Hood, Attorney at Law, P.C. today—we can evaluate your case and let you know how we can help you.

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