Do You Need a Restraining Order Lawyer? Orange County’s Gregory W. Cabo Answers Frequently Asked Questions.
You may have heard the term “restraining order” before, but you may not be familiar with what the order is, when to seek one, or when you should hire a restraining order lawyer. Orange County attorney Gregory W. Cabo provides information below about each of these topics.
What Is a Restraining Order and What Does It Do?
A restraining order is a court order that restricts a person’s interactions with another person. If someone does not obey a restraining order, that person may be sent to jail.
Typically, restraining orders are meant to protect someone from abuse. They might be issued against a spouse, relative, cohabitant, or someone in a dating relationship. Preventing physical violence is one reason people seek a restraining order lawyer. Orange County residents may also seek a restraining order to stop someone from stalking, threatening, or harassing them.
Who Issues the Restraining Order and Who Does It Protect?
A local family law court usually issues the order, which is why it is helpful to work with a legal representative who focuses on family law. The court may consider a wide range of offenses, from reading someone’s email without permission to harassing telephone calls to unwanted visits.
When an abuser shows up at the victim’s workplace or home, it can create an environment of fear that disrupts their career or family life. With a restraining order, an Orange County lawyer can help victims prevent these actions from taking place. The order will usually require the abusive party to stay a certain distance away from the victim and his / her home, vehicle, and workplace. If the victim has children, they may also be protected by the restraining order.
Note: If the abuser is one of the children’s parents, the court may grant a temporary restraining order and temporary custody to the victim while determining whether to grant visitation to the other parent. If you face this situation, it is important to speak with an experienced restraining order attorney. Orange County courts may require you to attend mediation before making custody and visitation orders.
What Do You Do If You Are Falsely Accused in a Restraining Order?
Restraining orders offer important protection for people who are being abused. It is repulsive to think that an order might be misused for someone’s personal gain. Unfortunately, some people do file false allegations of abuse to gain an advantage in a legal case such as a divorce proceeding.
People who are falsely accused of abuse require legal defense to protect their rights, to restore their reputation, and, if children are involved in the case, to maintain custody. It is a good idea to seek representation early in the prosecution of the case to develop an effective defense strategy.
Gregory W. Cabo is an experienced family law attorney. For years, he has advised clients in Orange County and vigorously defended their rights. Call (714) 771-2227 for a free consultation about your case.