Domestic violence is a serious matter for which the victim may need protection. It happens when a person takes action or behaves in a way that threatens the safety of someone with whom they have an intimate relationship. Fortunately, there are restraining orders for domestic violence protection that a victim can seek for their personal safety or the safety of their loved ones. It is important to understand how restraining orders work, which type you need, and how to obtain one. A skilled restraining order attorney can help.

A Brief Overview of Restraining Orders for Domestic Violence Protection

Domestic violence is the kind of violence meted out against someone with whom the perpetrator has an intimate relationship. It is a pattern of behavior in a relationship that a perpetrator uses to gain control of or maintain power over an intimate partner. It can be emotional, sexual, physical, or psychological, including threats or actions that influence the victim. For example, domestic violence can include actions or behavior that intimidate, threaten, frighten, manipulate, hurt, terrorize, blame, humiliate, or injure the victim.

Anyone can be a victim of domestic violence regardless of their gender, age, religion, sexual orientation, or race. It also happens in a variety of relationships, including between married couples, people in dating relationships, or those living together. It is a dangerous kind of abuse, as it shatters the emotional and psychological well-being of victims and could result in severe injuries or death.

Fortunately, victims of domestic violence can seek help and support, including a court’s protection by filing for a domestic violence restraining order. These are protective orders that offer temporary or permanent protection against further violence or abuse, and allow the victim an opportunity to take action against their abuser or find an alternative means of protection. They prevent the perpetrator from threatening, contacting, or harassing the victim for the period of the order.

However, restraining orders are not a criminal conviction. A victim of domestic violence can file a criminal case against their abuser if they want justice for what happened to them. You do not have to wait for emotional or psychological abuse to turn physical to file for a restraining order or file a case with the police. The judge can offer a court’s protection, even if there is no physical evidence of abuse. What matters is that there is sufficient proof that the alleged perpetrator demonstrated a pattern of behavior over a reasonable period that threatened your safety or the safety of a loved one.

The People Who Can Qualify for a Restraining Order Against Domestic Violence

Remember that domestic violence is the kind of violence or abuse that happens within an intimate relationship. The person looking for the court’s protection, also called a protected person, or petitioner, must have a close relationship with their alleged abuser or respondent. The relationship does not necessarily have to be sexual or blood. Here are examples of people who can apply for this kind of protection:

• A spouse or ex-spouse of the person alleged to have perpetrated domestic violence
• A partner of an alleged abuser who is or was in a legal domestic partnership with them
• A person who is dating or who has dated an alleged abuser
• Someone who is cohabiting with or who cohabited with an alleged abuser
• The other parent, male or female, of the alleged perpetrator’s child
• Any other close relative of an alleged abuser, including a child, sibling, parent, grandparent, or in-law
• A person who lives in the same household as the alleged abuser, even if they are not related by blood

The proof of a relationship is very important when filing for a domestic violence restraining order.

Ways in Which You Can Obtain a Domestic Violence Restraining Order

There are different types of domestic violence restraining orders that a victim can file for. Each of these types is issued differently, under different circumstances. It helps to work with an attorney when filing for one to understand the type you need for your situation and the process you should follow. The various types of these orders are as follows:

Emergency Protective Orders

These are the types of protective orders that courts issue in emergency domestic violence situations. They are available around the clock, and a victim can obtain one with the help of a law enforcement officer. If you are in danger and call the police, the responding officer can help you obtain an EPO. The order takes effect immediately upon issuance and remains in effect for 5 to 7 days. The respondent's presence is not required to obtain an EPO.

An EPO is a critical bridge between the perpetrator and the victim of domestic violence, and can offer temporary protection until you take further action against the perpetrator. Further action, in this case, can mean filing a domestic violence case against them or obtaining a temporary protective order.

Temporary Restraining Orders

Temporary restraining orders also offer temporary protection against domestic violence until a victim takes further action to protect themselves. However, you must file the required documents with a court to obtain a TRO. A skilled restraining order attorney can help you obtain and fill out the application forms for a TRO to ensure that you provide the required information for the court to grant one. In your application, you must provide details of the abuse and specify the kind of protection you are seeking from the court. There is usually an application fee, but you can ask the court to waive it.

Once you apply for a TRO, it goes into effect immediately after the judge files it. However, you must serve the respondents within a reasonable time to ensure they comply with the order's conditions. You can use an adult who is not connected in any way to the case, a process server, a law enforcement officer, or your attorney to serve the papers. The order will include a hearing date on which the petitioner and respondent can appear before a judge. The petitioner may appear for an ex parte court hearing if the respondent is absent.

In the hearing, the applicant must demonstrate reasonable proof that they are victims of domestic violence, or they must show a good-cause belief that domestic abuse occurred. The victim must further demonstrate that further abuse is likely, or they could suffer irreparable damage if the court does not grant protection immediately. The help of a skilled attorney is invaluable in this process, ensuring that you have a strong case against the alleged perpetrator.

If the respondent is present during the hearing, they can fight the petitioner’s claims or the TRO with evidence.

If you, the petitioner, convince the judge of your need for immediate protection, the judge will issue a TRO. Generally, TROs remain in effect for about 21 days or until the judge holds a full hearing on the underlying matter. The outcome of the case will determine whether the judge lifts the TRO or issues a more permanent protective order. If issued, a permanent restraining order can remain in effect for three to five years. If you need further protection from the restrained person after the expiration of that order, you must renew it on time.

The hearing before the issuance of a TRO is formal and requires the presence of both the respondent and the petitioner. Although both parties may attend the hearing, the court may render the final ruling in the respondent's absence. However, both parties increase their chances of obtaining a favorable outcome if they appear. This is because they can table evidence, present witnesses, and interview the witnesses testifying against them. They also have the right to legal representation by attorneys who are willing to fight for the best possible outcome.

Legal standards in this hearing are pretty high. You must demonstrate through a preponderance of the evidence that you are in a domestic violence situation. This legal standard simply means that you are most likely a victim of domestic violence. The chances in this case must be at least 50%. If you meet the standard of evidence, the judge will issue a restraining order.

It is important to understand the terms and conditions of a domestic violence restraining order before applying for one. Once the judge issues a permanent restraining order, the restrained person will face serious repercussions if there are violations on their part or even on yours. Working with a skilled attorney helps, as they can explain what to expect once the order takes effect. An attorney can also help you determine areas where you need the court’s protection to stop the abuse.

Type of Evidence Needed for a Domestic Violence Restraining Order

If you face domestic violence and you would like a court’s protection against your abuser, you must provide credible evidence to support your claim. This evidence includes specific facts about the abuse and the result of the abuse. Examples of evidence that you can include in your petition are as follows:

• Photographic evidence of the abuse, including videos and pictures of bodily or property damage
• Proof of threats that you may have received from the alleged perpetrator over a specific period, including through voicemails, text messages, emails, or social media communication
• Any police report you may have made in the past relating to domestic violence by the same perpetrator, or the report made before obtaining an EPO
• Medical reports for any treatment you may have received for injuries sustained from a domestic violence situation by the same perpetrator
• Testimonies from people who heard the abuse, saw it, or are victims of abuse by the same perpetrator. You may also call the people you may have confided in regarding the abuse you have been facing
• Testimonies from people who work closely with your children, like teachers or social workers, may also help. Your children may have confided in them about the domestic abuse happening at home
• A detailed account of events surrounding the abuse. This can be done in a chronological order, from the time you realized that what you were experiencing was domestic violence or abuse

Remember that the respondent has the right to counter the evidence presented to the court by the petitioner during the hearing. They also have the right to bring their evidence to counter the claims or prove their innocence. The respondent can also bring emails, text messages, witnesses, and any other evidence the court will allow to obtain a favorable outcome in the matter. For this reason, you must build a strong case to convince the court to grant you the protection you need.

What Domestic Violence Restraining Orders Do

Domestic violence restraining orders provide various protections according to the specific needs of a petitioner. Examples of orders they contain include the following:

• No-contact orders that prevent the respondent from establishing any kind of contact with you, whether direct or indirect.
• A stay-away order that requires the restrained person to stay a particular distance from you, the protected person, including your home and workplace. The order may also obtain a stay-away order from your loved ones, including children and parents.
• A move-out order that requires the restrained person to vacate the residence you share. This can happen even if the restrained person is the owner or tenant of your home, or the one who leased the property.
• An order determining the custody and visitation rights if you have a child together. The court can grant you temporary custody of your child and supervised visitation with the respondent. This can be revised afterward, depending on the conclusion of the underlying case.
• Some restraining orders may prohibit the restrained person from possessing, owning, or purchasing a firearm. This can apply in your case if your abuser used a firearm or any other deadly weapon to threaten or carry out domestic abuse against you or your loved ones.

The respondent must comply with all provisions of a restraining order to avoid criminal charges being brought against them.

What To Do In Case of a Violation

Remember that once a restraining order is in effect, any breach of its terms is a serious violation. This is because it puts you in danger of further domestic violence. In that case, you must report any violation immediately when it happens.

Any violation of a valid restraining order is a crime. Even if obtaining a domestic violence restraining order is a civil issue, a violation becomes a criminal offense. A restraining order is a court-issued order, meaning that anyone who violates it is in contempt of court. This will result in the immediate arrest of the restrained person once you call the police and report the violation of the order.

A restrained person can violate a restraining order in many ways, including calling you at home or your workplace, showing up at your home or workplace, sending someone to talk to you, damaging your property, or accessing your loved ones, including children. Once the restrained person is arrested, they can be held in custody for contempt of court. They can also face criminal charges, depending on the nature and severity of the violation. A criminal charge will likely result in penalties if the defendant is found guilty. The penalties may include probation, court fines, or jail time.

Remember that if there is a stay-away order or a no-contact order in your domestic violence restraining order, no form of contact with or from the restrained person is innocent. This also means you can not contact them in any way. If you want to establish any kind of communication with the restrained person, do so through your attorney. Even an innocent apology message can be a serious violation and result in serious consequences. Remember that the order is made against the restrained person. This means that your actions can also cause them legal problems.

A violation of a restraining order can also affect child custody issues. If you have a child with the restrained person and are undergoing legal separation or divorce, a family court can rule against the restrained person for violating a domestic violence restraining order. This will affect what happens to you and your children after your separation or divorce.

Find a Skilled Restraining Order Attorney Near Me

If you face domestic violence in Los Angeles today, you can benefit greatly from a domestic violence restraining order. This is an order you can obtain from the court to stop the perpetrator's contact, communication, harassment, and abuse. A skilled attorney can help you file for an emergency, temporary, or permanent restraining order, depending on the circumstances of your case.

We help victims of domestic violence obtain all types of restraining orders at Goldman Flores Restraining Order Law Firm. We can help you better understand your situation, identify your needs, and file for the right type of restraining order. We will also explain how the order works and how it can provide the protection you need against domestic violence. Call us at 213-341-4087 to learn more about our services.