Domestic violence is one of the reasons why you should file for a restraining or protective order. It occurs when you experience physical abuse, aggression, threats, sexual coercion, or emotional or financial abuse within a shared household. The impact of domestic violence goes beyond the physical injuries, because it also causes psychological trauma, economic instability, and emotional distress, which can affect you and your dependents for years.
While seeking a restraining order is the right thing to do to protect yourself and your loved ones, you need legal support and guidance. Our attorneys at Goldman Flores Restraining Order Law Firm can help you identify the kind of protection you need in California and how to obtain it. We can also assist you in gathering critical evidence and building a compelling case against your abuser. This increases your chances of receiving the assistance you need to live a peaceful and safe life.
Types of Restraining and Protective Orders Available in California
A restraining or protective order is a directive issued by a court against a person, prohibiting the person from engaging in specified behaviors or actions towards another person. The person against whom a restrained order is issued is the restrained person, and the one seeking the court’s protection is usually the victim or protected person. Restraining orders are legal mechanisms that establish boundaries between the two parties to safeguard the alleged victim from possible or further harm.
In domestic violence cases, the restrained and protected persons are usually members of the same household. When one or more members of one family physically, emotionally, mentally, or financially abuse another person, it can have a significant impact on the victim and other vulnerable members of that household. Cases of domestic violence go unreported for a very long time because of fear. However, when a victim of domestic violence seeks help, they can always be issued a protective or restraining order against their abuser or abusers.
The primary purpose of a protective order is to protect victims of domestic violence from further harm. A court-issued order establishes a legal boundary between the victim and their abuser. The order is a critical tool in preventing further instances of stalking, abuse, harassment, or any form of contact between the parties that can compromise the safety or peace of the alleged victim. Thus, the order provides specific guidelines and prohibitions, including behaviors and actions that the restrained person must not exhibit throughout the period of the order.
Here are the main types of restraining orders under California law and how they help victims of domestic violence:
Emergency Protective Orders
These are the basic restraining orders issued in emergencies. When a law enforcement officer responds to your domestic violence call, they can help you obtain an emergency protective order against your abuser. The order typically lasts for a few days, after which you can seek further protection by filing for a temporary or permanent restraining order.
Emergency protective orders are issued right away. They also go into effect immediately after the judge issues one. You can obtain a protective order at any time, day or night, with the assistance of a police officer. Once the order goes into effect, it provides you with immediate protection.
Temporary Restraining Orders
This is a court-issued protective order that the judge issues even without a hearing. You can file for one even without the presence of the alleged abuser. The judge issues the protective order mainly based on your claim and evidence that someone within your family is physically, emotionally, mentally, or sexually abusive towards you. The order keeps you temporarily safe until a formal hearing is conducted to determine an underlying domestic violence case.
Typically, a temporary restraining order remains in effect until the judge issues a final verdict in the underlying case. Once the case is determined, you can file for a permanent restraining order if you need further protection against your abuser.
Permanent Restraining Orders
These are issued in situations where a victim needs further protection from their abuser after a successful court hearing. Judges issue these orders in the presence of both parties, after hearing their cases and reviewing the evidence and testimonies. A permanent restraining order can remain in effect for years, during which the restrained person will not act in a specified manner towards you. You can file for another permanent restraining order if you still need a court’s protection once the order expires.
Reasons to File for a Restraining Order in a Domestic Violence Situation
As a victim of domestic violence, it may take some time to decide to report your abuser and seek a court’s protection against them. The truth is, most domestic violence situations worsen over time. In this case, you may want to take action before the matter escalates further, especially if others in your household will benefit from the protection. A skilled attorney can help you understand how restraining orders work, the right one to file for, and the type of evidence you need to build a solid case against your abuser.
Here are some of the reasons you should take action right away:
For Protection Against Further Physical Abuse
Most domestic violence cases involve physical violence, where one person physically assaults another or other members of their household. This is a dire situation because it causes physical injuries to the victim, which can lead to hospitalization or cause a disability. Physical abuse leads to fear, as the victim and other members of the household experience constant fear for their lives. If the victim has vulnerable dependents like children, they will experience fear for their safety as well.
Physical abuse also results in psychological and emotional harm. It affects your confidence, resulting in low self-esteem and feelings of embarrassment and shame.
Sadly, physical abuse in a domestic situation starts mildly and escalates with time. It can start with threats of violence, and before you know it, it escalates into physical assault or battery. Seeking help before you sustain a severe injury or death is helpful.
You can call the police for help before the matter escalates, and an officer will help you file for an emergency restraining order. If you cannot wait for the following incident of abuse to obtain an emergency protective order, report the abuse to the police and file for a temporary restraining order. This will physically separate you from your abuser, allowing you time to file for more permanent protection to stay safe and at peace.
To Stop Intimidations and Threats
Intimidation and threats cause you to experience reasonable fear for your safety or the safety of another person. Intimidation occurs when someone within your household compels you to do something you are not legally entitled to do, or stops you from doing what you should do. It is a direct action intended to alarm you or influence your actions. In most cases, intimidation is used in conjunction with threats. The abuser can issue threats against your person, property, reputation, or someone you care about.
If you are constantly facing intimidation or threats at home, you have sufficient grounds to file for a restraining order. Your word alone and evidence are enough to obtain a temporary restraining order as you prepare more evidence to file for a permanent restraining order. This will protect you and your loved ones against further intimidation and threats from your abuser.
To Protect Yourself From Emotional and Psychological Abuse
Your emotional and psychological well-being is at risk if someone within your household is constantly insulting, humiliating, manipulating, or controlling you. These are behaviors that slowly affect your self-esteem and self-worth, resulting in stress and other related physical and mental health issues. Constant insults are forms of verbal and emotional abuse that create invisible scars that can severely harm your health, just like physical abuse.
Obtaining a restraining order against someone who is always controlling, manipulative, or insulting liberates you from their bondage, so you can start rebuilding your confidence and self-esteem. Restraining orders have a stay-away order that physically separates you from your abuser. This immediately discontinues the pattern of abuse so that you can slowly dissolve the fear that you had built within.
You can start with a temporary restraining order, as you gather more evidence to file for a permanent restraining order. A permanent restraining order ensures long-term safety from the abusive behavior that could have affected your psychological and emotional well-being.
To Protect Vulnerable Members of Your Household
Domestic abuse affects everyone in a family, not just the one who is directly abused. If one parent is abusive towards the other parent, other family members, especially children, are affected. Filing for a restraining order against your abuser not only protects you but also the vulnerable people in your household.
Children are affected the most when it comes to domestic violence. Since they witness the abuse, they are always at risk of long-term and short-term physical, mental, and emotional health problems. Every child is affected differently because of the trauma they suffer from witnessing domestic violence. Some of the short-term effects include bedwetting, separation anxiety, and trouble sleeping or falling asleep. Long-term effects of domestic violence on children include low self-esteem, violent behavior, or drug addiction.
Thus, consider filing for a restraining order against your abuser for the sake of the vulnerable members of your household. Removing them from the abuser allows them time to heal before their emotional and psychological health is severely damaged.
To Remove the Abuser From Your Home
Living with an abuser can cause a lot of harm to you and the people living with you. Fortunately, a domestic violence restraining order can help by removing the abuser from your life temporarily or permanently. Remember that most protective orders have a stay-away order that separates an abuser from their victim. In most cases, the court orders the abuser to leave the home they share with the victim. They may also be required to leave town and refrain from coming within a specific distance of the victim.
Removing an abuser from your home allows you to rebuild your life afresh. You can go for therapy, build your career, and live a peaceful life without worrying that the abuser will return. However, the restrained person must be willing and ready to abide by the restrictions of the order for you to be absolutely safe. Fortunately, courts take violations of restraining orders very seriously. There are severe consequences, including an arrest and criminal charges, if your abuser violates the restraining order.
To Stop the Abuser’s Monitoring or Stalking
Domestic violence is not necessarily violence between or among people who are living together. It can happen even when two people are not living together. What matters is that the parties involved have an intimate relationship. It can happen between a divorced or a separated couple. If someone who you are already separated from continuously monitors or stalks you, you can file a restraining order against them.
Stalking is a criminal offense under California law. It happens when a person you have an intimate relationship with follows, harasses, or threatens you to the point where you experience fear for your safety. Obtaining a restraining order against the person gives you back your freedom and peace so you can continue living your life without fear.
However, you need evidence to show that the person is monitoring or stalking you, and that their behavior causes you to experience reasonable fear for your safety. Once the court grants you a restraining order, the restrained person will not be able to contact you in any way without violating the order.
To Protect Personal Property From Theft and Damage
One of the tactics domestic abusers use is controlling and intimidating their victims. They confiscate your personal property, including your phone, ATM card, and ID, so that you will not take action against them. Sometimes they damage your property or harm your children or pets to prove that they have power over you and everything you own. This is a crucial reason to seek immediate help to liberate yourself from control and protect what you own.
Through a restraining order, the court can order the restrained person to return everything they have taken from you. This will give you complete access to your phone, bank account, and other personal items that you could previously not access. The restrained person is also warned against harming anyone in your family or destroying anything belonging to you.
If you have shared property, the court will ensure that the matter is settled amicably regarding who keeps what. The restrained person must abide by the explicit instructions of the order to avoid violating it and facing serious consequences.
To Secure Your Peace and Freedom
Domestic violence robs you of your right to freedom and peace. Since you are constantly worried about your safety, you are not truly free to be yourself or pursue your dreams. Obtaining a restraining order is your first step in regaining your peace and freedom. Then, you can do all the things you could not freely do because of fear.
However, filing for a restraining order is not always easy, especially if you are still afraid of retaliation by your abuser. A skilled attorney can help you overcome your fear. They will also guide you through the process and ensure that the court considers your best interests when issuing the restraining order.
Your attorney will help you obtain the necessary documents to file for a restraining order. The documents needed depend on the kind of violence you face and the type of protection you need. Once you file the documents in court, a judge will hold a hearing to determine the circumstances of your case. They will review the evidence to determine your eligibility for the court’s protection. Attending the hearing is necessary to present evidence, witnesses, and any other testimony that can substantiate your need for protection.
To Legally Document Domestic Abuse
Filing a restraining order in a domestic violence situation can serve as evidence of domestic violence in case of a divorce or separation. In addition to receiving help at the time of abuse, it can help with some issues, like child custody after a divorce or separation. Every time you file for a restraining order, including an emergency protective order, you create an official record that domestic violence happened. You or the police can use that official record in the future if it is needed to determine a particular case.
For example, a domestic abuse record can be used as evidence of a pattern of violence when an alleged abuser is facing a violent-related charge. The prosecutor can use such a record to strengthen their evidence against the abuser. In a divorce proceeding, this record can give you an upper hand in the matter if you are filing for a divorce against your abuser. The court can rule in your favor on issues such as child custody and visitation.
Thus, it is advisable to report any form of domestic violence to the police, even if you are not ready to take legal action against your abuser. The record can come in handy when you finally decide to take action.
To Establish Safe Communication Boundaries
Communicating and making rational decisions can be difficult when you are fighting with the other party. This is common when couples divorce or separate. An aggrieved partner may decide to make things extremely difficult for the other, especially if they feel disadvantaged by the separation or divorce. In most cases, the aggrieved partner may resort to abusive tactics, including harassment, stalking, and sometimes violence. You can file for a restraining order against them to protect yourself and also establish healthy boundaries for effective communication.
Effective communication is necessary in this case, especially when children or properties are involved. If you have shared properties, and you would like to maintain control after a divorce or separation, a restraining order can help. It will provide guidelines on how the restrained person will communicate with you. If there are children involved, the court can establish procedures to ensure that the children’s best interests are considered, regardless of your differences.
The guidelines can include communicating through a third party, or your lawyers, to give you peace of mind from harassment or further abuse. The restrained person can be stopped from visiting you, your office, or your children’s school if this is the matter of contention. Instead, they can exercise their visitation rights through supervised visits.
To Empower Yourself
Domestic abuse makes you powerless and vulnerable in the presence of your abuser. Your abilities diminish as you worry about your own safety or that of your loved ones. Taking legal action against them is a bold step towards regaining what you have lost, including your power and voice. It is an opportunity to stand up for yourself against your abuser. The bold step affirms your worth and communicates to your abuser that you will not tolerate the abuse anymore.
Once the restraining order goes into effect, you can start your healing journey. Remember the impact of domestic violence on the physical, emotional, and mental well-being of a person. Healing gives you a second chance in life to achieve all that you have always desired to achieve.
Through a restraining order, the court can mandate your abuser to stay away from you, your home, workplace, or the people you love. This gives you room to start rebuilding from where you left off, as you enjoy peace and freedom.
Find a Competent Restraining Order Law Attorney Near Me
Restraining orders are beneficial, especially in domestic violence situations. They stop abuse, harassment, stalking, and violence against the victims for a specific period or permanently. However, understanding California restraining order law can be difficult without the help of a legal expert. Working with an attorney helps you understand your rights and the type of protection you need from the court.
At Goldman Flores Restraining Order Law Firm, we first understand your reason for seeking a court’s protection. This way, we can advise you on the kind of protection you need. We also help you navigate all complex legal processes as you file for a restraining order. Call us at 213-341-4087 to discuss your situation and our services further.
