4 Facets of a Restraining Order

May 15, 2024

In some places, a restraining order is known as a protective custody order. It's usually served when one person poses a threat to another person based on their past and current behavior. If you have to serve one or are served with one, it's better to understand what is involved. Here are some of the facets of a restraining order.

1. Naming of Involved Parties

When you file a restraining order against someone else, you’re the plaintiff seeking protection. If somebody files an order against you, you’re a defendant in the case. If served with an order, there are certain restrictions, such as how far you may need to stay from the person and for how long. Anyone who is seeking protection from your behavior or accused behavior can file a restraining order.

2. Distance From Plaintiff

When named as the perpetrator, you'll have to keep a certain distance from the person seeking protection. In domestic violence situations, you may have to stay away from several people, such as your partner as well as your children. According to the California Courts, expect to keep a distance such as 50 to 100 yards away from the filer's home, work, school, or car. Therefore, if you live with this person, expect to move out while under this order.

3. Timespan

An official order has a set time frame. These restrictions will be in place for a temporary time, such as several months, or they may be permanent. The time frame will depend on the proof presented against the defendant's actions.

4. Violation Consequences

Always take a restraining order seriously. Once an order has been filed against you, it’s a legal restriction unless lifted by a judge. In the meantime, if caught violating your restraining order, there can be a range of consequences. You may have to pay a fine or serve jail time. You may even have additional restrictions added, such as going from supervised access to children to no access.

These orders are meant to protect someone who is being stalked, physically abused, or violated in other ways. That's why you should always have legal representation if you plan to serve one or are served a restraining order. Our law firm helps clients in a range of criminal cases. From a DUI to defending restraining orders, we can help you understand your rights and get the best judgment possible. Contact Nigel Villanueva today for a consultation.

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3 Legal Protections a Restraining Order Offers in Domestic Violence Cases

July 24, 2025

Domestic violence remains a serious issue that affects people across all backgrounds. According to PlanStreet, more than one in three women and one in four men have experienced physical violence, rape, or stalking by an intimate partner in their lifetime. For those experiencing abuse, a restraining order provides important legal protections that can help create immediate safety and long-term stability. Working with an experienced restraining order lawyer can make a critical difference in securing these protections effectively. Enforce Distance From the Abuser One of the primary legal protections a restraining order offers is requiring the abuser to stay a certain distance away from the victim. This includes places like the victim’s home, workplace, or even a child’s school. By enforcing physical separation, the law aims to reduce opportunities for further violence, intimidation, or harassment. The mandated distance serves as a legal barrier that protects victims from additional harm and can deter the abuser from violating boundaries. Prohibit All Forms of Contact Restraining orders can also prevent the abuser from contacting the victim in any way. This includes phone calls, text messages, emails, social media, or indirect communication through third parties. In today’s digital world, cutting off all forms of communication is vital. Constant threats or manipulation through messages can retraumatize victims and disrupt their healing. A restraining order lawyer can help ensure this no-contact clause is strongly enforced so that victims can begin to rebuild their emotional well-being. Extend Protection to Children In many domestic violence cases, children are also at risk. Restraining orders can include provisions to protect minor children, such as restricting visitation rights or establishing supervised visits. Courts may tailor the order to safeguard the child’s physical and emotional safety. Ensuring the protection of children helps prevent long-term trauma and promotes a healthier, more secure environment for the family. A skilled restraining order lawyer can assist in including appropriate child-related protections in the order. Take the Next Step Toward Safety If you or someone you know is facing domestic violence, legal help is available. Restraining orders offer life-saving protections—from enforcing distance, blocking communication, and safeguarding children. Don’t wait to take action. Contact Nigel Villanueva today to speak with a knowledgeable attorney who can guide you through the process and help you reclaim control over your life.