What Is a Family Court Restraining Order

For the person to be restrained, an injunction against them can have very serious consequences: 1) Custody: You can ask the court to order that the defendant not interfere with custody of your children under the protection order. This order applies for as long as the protection order. You can also file a separate application for custody. The case worker will help you file an application for custody. Either parent may apply for permanent custody at any time. In criminal proceedings, the prosecutor seeks a protection order for the complainant victim or witness. The judge decides whether to issue the protection order and what conditions are included. An injunction (also called a protection order) is a court order that can protect a person from physical or sexual abuse, threats, persecution or harassment. The person who receives the injunction is called the „protected person“. The person subject to the injunction is the „detained person“.

Sometimes injunctions target other „protected persons“ such as family or household members of the protected person. It is very important that you appear in court on the day of your adjournment. In the event of a serious emergency, send someone to your home to declare your absence, or notify the court by phone or in writing. It is up to the judge to decide whether to grant you an adjournment. If you don`t show up, your application may be rejected and you will no longer have an interim protection order. If a friend or relative gives the documents to the respondent, that person must complete an „affidavit“ and have it notarized. You must bring this with you when you return to court, otherwise the case will be adjourned or dismissed. They can also bring the person who served the documents to the court.

2) Visitation: The court may order a visit for both parents as part of the protection order. The court may set visiting times and safe places for the child`s exchange, such as a police station or a friend`s house. If necessary, the court may order supervised visits. The access order is only valid for as long as the protection order. Each parent can submit a separate access request at any time. However, the court may order that a separate application be filed to resolve the matter. If the sheriff takes over service of documents, he sends the court proof of service or, if he is unable to locate the defendant, proof of attempted service. The protection order does not enter into force until it has been served.

After seeing the judge, you will have to wait to pick up your papers in a designated waiting room. You will receive your copies of the interim protection order, if an order has been issued. You will also receive a summons and a copy of the motion for the defendant if you arrange service on the respondent. 4) Exclude the defendant from the home: If the defendant is dangerous to you or your children, you can ask the court to evict the defendant from the house („excluded“) while the protection order is in effect. It doesn`t matter if the house isn`t in your name. Depending on the circumstances of your case, different injunctions are available. What can I ask for in my petition? Most injunctions state that the respondent cannot attack, threaten or harass you, but you can demand additional conditions. You must tell the applicant exactly what you want the judge to order.

Some of these things may be in temporary order and others in final order. You can apply: A protection order orders someone to stay away from you for safety reasons. A protection order may include: the summons with dismissal, the application for a protection order and the interim protection order must be served (delivered) personally on the defendant. Anyone over the age of eighteen, except you, can deliver these papers. The police, the New York Sheriff, a friend or relative can hand over the papers. You can also rent a processing server. You (the petitioner) can never serve the documents yourself. Protection order documents can be served on any day of the week at any time of the day or night. It`s about keeping a person away because they`re stalking or harassing them.

Legal definitions can be found in NRS 200.571-575. You do not need to be related to the abuser to get this type of order. Only you can know if this is the best thing you can do. If you receive a protection order, you may need to think about where you will live, how you will pay your bills, how you will manage child care, etc. You may also want to talk to a lawyer about whether you should file a protection order and if there are any other legal actions you should take. Free and low-cost legal services can be found on the Lawyers and Legal Assistance page. In order to get a protection order from family court, your relationship with the other person must fall into one of the following categories: Spousal support, also called support or support, can be ordered to provide temporary or permanent financial support to the lower-income spouse. Spousal support is based on need and ability to pay and is not intended to punish a former spouse for misconduct. However, if a judge finds that one spouse has committed acts of violence that have interfered with the other spouse`s ability to support himself/herself, spousal support is often provided. If your spouse used threats, coercion or violence to prevent you from going to work or school, you should apply for a restraining order.

Your Wallin & Klarich attorney can provide you with details of injunctions issued by California courts. Here is a brief overview: You should come back to court even if you could not be entitled to the respondent. Talk to the judge about your efforts to serve the defendant. You can apply for a Family Court (TRO) injunction if the person committing the domestic violence is a family or household member. Factors that the court may consider in determining whether a relationship is an „intimate relationship“ include, but are not limited to: the nature or nature of the relationship, whether or not it is a sexual relationship; the frequency of interactions between people; and the duration of the relationship.