Question: Can You Contact Someone You Have A Restraining Order On?

How long is a typical restraining order?

two yearsA permanent restraining order lasts up to two years.

You can ask the court to extend the order for another year, but you must do so before it expires..

How long do you have to report a restraining order violation?

Subsequent violations of a restraining order within one year of a first-offense that results in harm to the protected victim can be charged as misdemeanors or felonies.

Is there a lifetime restraining order?

In addition, a permanent restraining order can sometimes be referred to as a “protective order”, an “order after a hearing”, or simply a “restraining order.” Unlike an emergency or a temporary restraining order, a permanent restraining order usually will go into effect only after the criminal or divorce trial has ended …

Can I talk to the person I have a restraining order against?

If you accidentally violate your own restraining order, you cannot be arrested or charged with contempt for contacting the person you have a restraining order against. Still, it is ill-advised to do so. … There may be a way to have the restraining order modified to allow limited, peaceful contact.

Can someone get a restraining order on you if you have one on them?

If you try to get a restraining order and the person who abused you also asks for one against you, the court may write up “mutual restraining orders.” This means that each of you has a restraining order against the other. … This means that the judge has to decide which person is most likely to abuse the other.

Can anyone just file a restraining order?

Obtaining a Restraining Order A victim of domestic violence can obtain a restraining order. The term includes any person who has been subjected to domestic abuse by a spouse or a present or former household member.

How do you prove a restraining order is violated?

4. File a civil contempt action. You can file papers in court asking the judge to find the restrained person in “contempt of court” for violating the restraining orders. The restrained person could be punished with 5 days in jail for each violation of the restraining order.

Do you have to show up to a restraining order hearing?

If you do not go to court, the judge can make the restraining order without hearing your side of the story. And the order can last up to 5 years. The judge can also make orders about your children, child support, and other things without your input.

Can the victim violate a restraining order?

A victim cannot lift a restraining order, only a judge can. … Even if a defendant is innocent of any crime they can still be prosecuted for violating the restraining order itself. Most restraining order violation cases are easily proven. Sometimes the district attorneys office will dismiss a case without filing charges.

What happens if you ignore a restraining order?

You can file papers in court asking the judge to find the restrained person in “contempt of court” for violating the restraining orders. The restrained person could be punished with 5 days in jail for each violation of the restraining order.

What does it take to file a restraining order?

Getting a restraining order is similar to most other court processes. It involves filling out and filing some paperwork, going to a hearing, and then waiting for a judge to reach a decision. The key is proving to a judge that you need a restraining order. That judge is going to be looking for some specific facts.

What if someone files a false restraining order?

California Domestic Violence and Restraining Order Abuse False restraining order allegations can impact child custody orders or lead to criminal arrest. … She immediately seeks an ex-parte order prohibiting him from contacting the children or her. The order also results in Oliver being arrested for domestic battery.