At its most basic, a restraining order is a court order that aims to prevent violence, abuse, assault, stalking, and harassment. Although these orders can be filed by businesses, organizations, and other entities, they are most commonly sought by—and levied against—individuals.
Also known as an order of protection, a stay-away order, a no-contact order, and an injunction, restraining orders are issued on the state level. Every U.S. state has statutes on the books regarding domestic violence restraining order laws; some states have other laws concerning stalking and sexual assault.
Restraining orders typically stipulate that the adverse party maintains a physical distance, often 50 ft. – 100 ft., from the initiating party. The judge issuing the order may also add provisions specific to the plaintiff and defendant. Some examples of provisions are:
- Relinquishing firearms
- Wearing an ankle monitor
- Attending a treatment program or counseling
- Undergoing regular drug testing
Penalties for violating a restraining order can vary significantly according to the type of order and the nature or extent of the violation. The repercussions could include civil or criminal charges, which could, in turn, lead to fees, further sanctions, and jail time.
There are some fairly entrenched stereotypes surrounding restraining orders and the people they involve, but the truth is that all kinds of folks from all walks of life can find themselves affected by such orders. Here at Amin Law, we understand that each case is unique. As such, every case requires careful consideration and must be evaluated by an experienced and empathetic attorney.
The people who file orders of protection are not all victims; the objects of these orders are not necessarily abusive or intending to do harm. Many situations in which a restraining order might come into play are subjective, open to interpretation, and based on hearsay or testimony that might not be 100% honest. Additionally, restraining orders can be filed by unscrupulous attorneys who want their clients to prevail in cases of divorce or child custody.
Such misuse of the system can have serious ramifications for individuals who legitimately require the protection that restraining orders provide. It's important, therefore, to take legal action to ferret out these fraudulent orders and quash them.
It requires a practiced and careful legal eye to take each case on its own merits. The Amin Law team takes pride in its individualized approach to restraining orders and their attendant laws.
If you're ready to tell your story so that you can regain control of your own life, we are here to help. Schedule a consultation today to discover how hard the compassionate, aggressive, and professional attorneys at Amin Law will fight for your rights.
AMIN LAW, P.C. Is Ready to Stand with You
Amin Law, P.C., is ready to hear your story. Attorney Haitham (Sam) Amin is a knowledgeable and dedicated San Francisco Restraining Orders lawyer with a restraining orders law background. He knows what it takes to advocate for his clients and aggressively pursue legal solutions- even when confronting large corporate entities and institutions is required to do so.
You do not have to face this uncertain time without dedicated counsel by your side. Contact AMIN LAW, P.C. to request a free case evaluation today.
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