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Restraining Order Related Questions

What is a restraining order?

A restraining order is an order to protect a person from someone else and requires them to do, or refrain from doing certain acts. A person that does not obey the orders will face criminal and civil penalties and may have to pay damages or accept the punishment. The term that is mostly used for restraining orders is domestic violence, harassment, stalking, and sexual assault. Read below the top five restraining order questions that have been answered by legal Experts.

In the state of California how does someone place a restraining order on another person?

To get a restraining order in California the petitioner will need to have a clear and convincing evidence to support the reasons why they want a restraining order. In California there are two types of restraining orders. One is where there is domestic violence, and the other is where there is harassment. For a civil harassment order one will need to show:
• Unlawful violence;
• Threat of violence; or
• A knowing and willful course directed to a specific person that alarms, annoys, or harasses the person, which serves no purpose.

Under the Domestic Violence Prevention Act, abuse can be physical, sexual, or even verbal. It can also include written or spoken abuse.

To prove their case, they will need to show some sort of evidence from the states above in order to proceed with either one of these orders.

In the state of Texas can someone file for a harassment restraining order against someone who has been writes harmful emails, and continually calls?

The state of Texas does have a law that criminalized harassment; they can file a police report and get a restraining order for harassment.

The Texas Penal Code on harassment states: A person commits an offense if, with intent to harass, annoy, alarm, abuse, torment, or embarrass another, he: (1) communication makes a comment, request, suggestion, or proposal that is obscene; (2) threatens, by telephone, in writing or by electrometric communication, in a manner reasonably likely to alarm the person receiving the threat, to inflict bodily injury on the person or to commit a felony against the person, a member of his family or household, or his property; (3) conveyor to be false, that another person has suffered death or serious bodily injury.

What can a person do if someone filed a false restraining order on them?

If someone has filed a false restraining order on someone the victim will need to collect all available evidence for all of the persons’ false allegations. Someone cannot stop another from filing a false restraining order, but they will have the opportunity to defend them self against the false filing, but they will need to show that their statements are false. If they attempt to get into an argument or altercation with the other person as a way to file a restraining order, the best things to do is contact the police and make a report. The report can be collected as evidence.

In Montana what are the requirements for a restraining order?

In the state of Montana, restraining orders are referred to “orders of protection”, and they are only available to family members. A “family member” is someone who is related to someone either by blood, marriage, or adoption. “Father in-laws” count as family members by marriage. In order to be eligible for an order of protection, they must have been a victim of domestic violence, which Montana includes most violent crimes, also stalking, harassment, and intimidation.

Who can modify a restraining order? How old does a child have to be in order to remove themselves from a protective order so they can see their parent again?

No restraining order can be modified without approval from the court. Either party can request for a modification, and the court may consider input from both parties, but it will be the court’s decision on whether it is appropriate for the court to modify the orders. The child may request a modification when they have reached the age of 18 or they have been emancipated.

In the United States, each state has some form of domestic violence restraining order law, and many states have a specific restraining order law for stalking and sexual assault. Consult an Expert for legal answers on the laws as they apply in your state.

Ask a Family Lawyer

Ely
Ely, Counselor at Law
Category: General
Satisfied Customers: 9380
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Family Law Question Here...
characters left:
8 Family Lawyers are Online Now

How JustAnswer Works:

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Family Lawyers are online & ready to help you now

Ely
Counselor at Law
Satisfied Customers: 8085
Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
LawTalk
Attorney and Counselor at Law
Satisfied Customers: 6424
27+ years legal experience. I remain current in Family Law through regular continuing education.
FiveStarLaw
Lawyer
Satisfied Customers: 6336
25 years of experience helping people like you.

Recent Restraining Order Questions

  • I'm 22 and my girlfriend is 17. She turns 18 in April. She

    I'm 22 and my girlfriend is 17. She turns 18 in April. She is currently 3 months pregnant with my child and her parents have pushed me out of the picture completely. As far as her family is concerned her and I aren't allowed to even communicate.. But we have found ways around it. I'm wondering if there's anything I can do to fix this situation. Noted that her step mother filed a concern with the sheriffs office and threatened to push charges if her and I were to talk. She is being pulled a billion different directions right now and is starting to question on whether she even wants to be with me anymore or even wants me involved. I don't know what to do as far as legality is concerned. We both live in Wyoming. I have a great paying job a house and a life and am more than capable of supporting her and our baby what do I do and can her step mother press charges???
  • I am a disabled mentally ill 43 year old dependent on SSI and

    I am a disabled mentally ill 43 year old dependent on SSI and my parents for all my basic needs but most importantly my medicines. My parents have been emotionally abuse my entire life and now the are both addicts. My Mom Gambling and my Dad alcohol. They use their financial help to torrture me constantly threatening me and degrading me. It has gotten so bad that I now have a crippling phobia of what they plan to do next. It is interfering with my ability to function. I moved away from them six years ago and become so healthy that I was living more productively than the average non mentally ill person. A year and a half ago they got angry at my sister and I and their anger has become so outrages and their bulling so constant that I will probably end up in the hospital receiving electric shock therapy again if I don't find help to convince them to treat with kindness. I have tried everything to make up with them but to no avail. As a disabled person are there any laws to protect me?
  • I am filing for a divorce and my primary concern is preventing

    I am filing for a divorce and my primary concern is preventing my sons mother from relocating to another state and taking my son with her. I'm seeking joint physical custody with 50/50 actual shared time which she has agreed. With that, if she attempted to remove him from the State, would i have legal grounds to file a restraining order preventing her from taking him? or can i then have full physical custody granted? Should I be filing for Sole legal custody instead? I am in the State of Hawaii.
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