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Restraining Orders

There are two types of restraining orders in family law. A Domestic Violence proceeding seeks to obtain an order to protect a person from physical violence from a family member (excluding nieces and nephews) or a person they may have lived with or had a dating relationship. A Civil Harassment restraining order seeks to protect a person from the actions of another whose intent is to annoy, alarm or verbally abuse the person seeking such an order.

233. (a) Upon filing the petition and issuance of the summons and upon personal service of the petition and summons on the respondent or upon waiver and acceptance of service by the respondent, the temporary restraining order under this part shall be in effect against the parties until the final judgment is entered or the petition is dismissed, or until further order of the court.
(b) The temporary restraining order is enforceable in any place in this state, but is not enforceable by a law enforcement agency of a political subdivision unless that law enforcement agency has received mailed notice of the order or has otherwise received a copy of the order or the officer enforcing the order has been shown a copy of the
order.
(c) A willful and knowing violation of the order included in the summons by removing a child from the state without the written consent of the other party or an order of the court is punishable as provided in Section 278.5 of the Penal Code. A willful and knowing violation of any of the other orders included in the summons is punishable as provided in Section 273.6 of the Penal Code.

 

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