The Legalities of a Restraining Order

There are over 6.9 billion people in the world. There are different cultures, different norms, and different behaviors that happen all around the globe. There are different personalities people possess and some personalities tend to work better with people than other personalities. There will always be people in the world that are hard to get along with. And then there are others that can be downright frightening to be around. In an ideal world, there would be peace among neighbors and friends; however, in this flawed world where we live, there is a lot of unrest and turmoil between people. Spouses verbally abuse one another, kids are getting hit by their parents, and all too often, people are in dangerous situations. A restraining order in San Jose, CA, can be what you and your family need to protect yourselves from the toxic people that may have entered your life.

How It Works

Say you’re a single mom who has recently broken up with a boyfriend who was mistreating you. You made a clean cut from his life but a few weeks later you noticed him outside your apartment in his car. A few days later, he is at your door. He wants you back but you know it wasn’t a good situation, so you tell him no. After that he tries to come over every day; one time he even forced himself in. It’s not just an annoyance anymore; it is starting to scare you, and you’re worried about the impact it will have on your kids. It may be time to get a restraining order. A restraining order is an order from a judge stating that the offender can’t go within a certain proximity to the victim for a certain amount of days. Once those days are up, you will appear again in court and re-determine if an extension of the order is needed.

How to File an Order

When obtaining a restraining order, there are a few things that are essential to know. First of all, it is important to know that it doesn’t cost anything. Unless you have to pay for the price of a lawyer, you won’t have to pay for a restraining order. It is also important to know that a lawyer is not required. However, if your case is messy and it is critical to your families’ safety that your order is granted, it is advised you seek out legal help. Otherwise, you will need to go to your local courthouse, fill out some paperwork and an affidavit. You then will go before a judge who will speak with you about your safety and gather information about the offender. The judge will then issue the order to the police, who will present it to the offender, letting them know their restrictions. That is when the restraining order comes into effect. You will generally be issued a temporary order for approximately ten days. Once that is expired, you will come before the judge to get your extension.

How to Handle a Violated Restraining Order

Because it is more of a personal law as opposed to actual physical protection, there are times restraining orders have been violated. The offender knows he was issued a restraining order, but doesn’t abide to it. What needs to be done in that situation? Call the police. A restraining Order in San Jose, CA, isn’t to be taken lightly. Once it has been violated, call the police and let them know who the person is and that you have a restraining order against them. They then may be incarcerated.