IN my last article, I discussed a type of restraining order i.e. a stay-away order. This restraining order is a judicial order (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 away 100 yards from the protected person. In addition, the person can be ordered from coming near the protected person’s home and workplace.
In this week’s article, I would like to discuss another type of restraining order which is called restraint on personal conduct.
This is also judicially ordered which means that you must go to court to obtain this type of order. The Court can then prevent a person from 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. In addition, the Court can prevent that person from contacting or telephoning the other party. Once facts are presented to the Court about why this order is needed, the Court can then order it.
For example, let’s say my ex-husband was devastated from our divorce and we are constantly fighting. He is so mad at me that he would make harassing phone calls not just at home, but at my workplace which could jeopardize my relationship with the company. I do not want to lose my job, so I sought the help of an attorney.
After seeking an attorney and initiating a court proceeding, I could obtain this type of restraining order and prevent my ex-husband from disturbing me once and for all. In addition, because I moved back to my mother’s home, my ex-husband would also be prevented from disturbing my mother as well because the restraining order could include all persons under my care, custody, or control. Should my ex-husband fail to adhere to this court order, he could go to jail.
Put simply, the law will not tolerate conduct or actions that will disturb the peace of another person. The law could help and will help.
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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.
