In the past couple of weeks, I have discussed two types of restraining orders i.e. a stay-away order and a restraint on personal conduct. Both of these restraining orders are judicial orders (granted by a judge or commissioner) preventing a person from doing certain things to a “protected person.” Usually, this means that the person must stay 100 yards away from the protected person and not do certain actions toward the protected person such as molesting, attacking, striking, threatening, sexually assaulting, or otherwise disturbing the peace of the other party and any person under the care, custody, and control of that party. Because they are judicial orders, a person must go to court in order to obtain these protections.
These orders are there to protect individuals who are scared or frightened of other individuals due to threats made to them. Often, they do not want the assistance of the judicial system because they think and feel that the law cannot help them. However, in most cases, the law does work and does protect these same people.
Through the years, I have had many clients who have come to my office crying because their boyfriends, their spouses, or friends have threatened them to the point that they can no longer function properly in society. They start isolating themselves from their friends and their families. They simply do not know what to do when people they once cared about have threatened them or have started hitting and beating them.
In these types of situations, I would automatically recommend restraining orders to get the protections they obviously need. In many instances, I would go to court that same week for an exparte emergency order. These emergency orders can be granted by the court within two days because of an immediate danger.
Put simply, the law will not tolerate conduct or actions that will disturb or hurt another person. These protections exist and should be used once someone threatens them.
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Ethelene F. Salas, Esq. is a practicing family law attorney. Ms. Salas is a Filipino-American born in the Philippines, raised in the United States, and speaks Tagalog fluently. The Law Offices of Ethelene F. Salas is located at two locations – the main office at 100 N. Barranca St., Suite 700, West Covina, CA 91791 and affiliated offices at 18000 Studebaker Road, Suite 700, Cerritos, CA 90703. To schedule an appointment with her, please call (626) 858-4646 or visit www.EFS-Law.com.
