A restraining order is a court order that compels action from a person. These orders may prevent someone from taking action or require someone to take action. There are various court orders in a divorce that take the form of restraining orders. In general, these orders are used to protect you and your family from both physical and financial abuse. Get informed about the different types of restraining orders with guidance from an Orange County family law lawyer.
There are several types of restraining orders for different situations, such as:
- Civil Harassment Restraining Order
- Criminal Restraining Order
- Domestic Violence Restraining Order
- Elder and Dependent Adult Abuse Restraining Order
- Emergency Protective Order
- Juvenile Restraining Order
Helping Victims of Domestic Violence
Criminal restraining orders may be obtained for cases of domestic violence, and civil restraining orders may be obtained to prevent harassment from a non-related party. These restraining orders protect you and your family from abuse and harassment. When under threat, a restraining order may help keep you and your family safe. To obtain an order for domestic violence, you must be able to demonstrate that you have had a close personal relationship with the person you are seeking to restrain.
A close personal relationship with someone is defined by one or more of the following:
- Currently or previously engaged/in a dating relationship
- Currently or previously living together
- Currently or previously married
- Having one or more children together
- Related by blood, marriage, or adoption
Orders for Financial Protection
Restraining orders may be used to prohibit one or more of the following:
- Changing insurance beneficiaries
- Canceling home/auto insurance
- Destroying records of separate property
- Extraordinary expenditures
- Incurring debts
Restraining orders can be used to protect your financial interests. Poor decisions and destructive actions from a spouse or related party could have serious effects on your future and your children's future. Ensure your rights are protected and the best interests of your child are looked after through these difficult times.
Automatic Temporary Restraining Order in a Divorce
An automatic temporary restraining order (ATRO) is an order that automatically takes effect at the beginning of a divorce that both parties are bound by. The ATRO prevents both parties from removing children from the state, liquidating community assets, hiding community assets, and encumbering community assets except in the normal course of business.
Remember that this order is automatic. This means that a spouse does not have to petition for an ATRO in order to take action against a violation. This prevents parties from attempting to hide assets and income in anticipation of divorce proceedings. It may be hard to determine whether someone is in violation of an ATRO—consult with an experienced divorce attorney in Orange County about your particular situation to ensure your rights are protected.
Protect Yourself and Your Family - Call Attorney Kevin B. Gibbs
With more than 25 years of experience in family law, I have the skills and experience to provide effective knowledge and caring representation to my clients. Whether you are dealing with issues related to domestic violence, financial abuse, or similar difficulties, consult with an experienced Orange County family law attorney as soon as possible.
Schedule a free case evaluation with Kevin B. Gibbs, APLC and get the information and guidance you need about protective restraining orders.
"I used Mr. Gibbs for my divorce. He was great, very knowledgeable and professional! He was excellent at letting me know the options I had and pointing me in the best direction. He was upfront and honest about outcomes. I was very happy with his service."Joshua Lott
"I could not have asked for a better experience in the midst of a bad situation than working with Mr. Gibbs. He was honest and fair and patient and kind."Rebecca Sterling
"He is a great family law attorney and I would definitely recommend him to a friend or family member in need."Les D.