Restraining Order Overview

The Law Office of Mackenzie Colt, Esq., has been providing successful restraining order representation and restraining order defense. 

A restating Order is found in the California Family Law Code under Section 6203 and under the California Code of Civil Procedure under section 527.6. 

Family Law Restraining Orders apply to close familial relationships or domestic partners. Under the code a restating Order will be granted where “[a] person has abused (or threatened to abuse) you;AND You have a close relationship with that person. You are: Married or registered domestic partners, Divorced or separated, Dating or used to date, Living together or used to live together(more than roommates), Parents together of a child, OR Closely related (parent, child, brother, sister, grandmother, grandfather, in-law).(”http://www.courts.ca.gov/selfhelp-domesticviolence.htm)

The Civil Code is there to protect non related persons. There is generally a higher standard for granting a civil restraining order. “Unlawful violence, like assault or battery or stalking, ORA credible (real) threat of violence, AND The violence or threats seriously scare, annoy, or harass someone and there is no valid reason for it.

“Credible threat of violence” means intentionally saying something or acting in a way that would make a reasonable person afraid for his or her safety or the safety of his or her family. A “credible threat of violence” includes following or stalking someone, making harassing calls, or sending harassing messages, by phone, mail, or e-mail, over a period of time (even if it is a short time).” (http://www.courts.ca.gov/1044.htm, 2017) 

Further the court required there to be an immediate credible fear of harm. (Courts.ca.com)