What is the difference between a temporary and a permanent restraining order?

Attorney Michael Fischer

 Mike’s Answer:

While they are in effect, neither of them has any difference as far as what they are protecting you from. However, the temporary order is only available for a very short period of time. Initially, it will be for a period not to exceed twenty-one days. After that, the other party will be able to appear before the court and put forth their side of the story providing them due process that is guaranteed in our constitution. At the first hearing, if the police or if your representative have not been able to give the temporary documents and orders, known as “service’, to the offending person, the temporary order can be extended for another period not to exceed twenty-one days. Alternatively if the other party comes in and says they would like to have time to get an attorney to prepare for a trial, they can waive their constitutional rights of a quick trial and have it extended for, depending on the court, 30, 60, or 90 days. Eventually their will be a hearing (trial) in which the court will consider whether a on a permanent restraining order is warranted.

For additional information please review the information available on the civil restraining orders and domestic violence restraining orders sections of our site at or contact the Divorce Attorneys at Fischer & Van Thiel LLP at (760) 722-7646.

 

 

Posted in: Domestic Violence, Family Law, Restraining Orders, Stop Harrasment