It can be overwhelming to navigate the legal protections against domestic violence, but it is important to know your options. Restraining orders are used to put a stop to abuse by making it illegal for abusers to contact or approach victims. If you are thinking about getting a restraining order, have received an order against you, or are simply curious about how a restraining order works, knowing the process and potential outcomes will help you.
The answers to the various frequently asked questions below will help you better understand restraining orders. If you are at a crossroads and unsure what to do next, call a restraining order expert. Becoming informed and enlisting help from an experienced California attorney can help you protect yourself and your future.
What is a Restraining Order for Domestic Violence?
If you are a victim of domestic violence, a domestic violence restraining order protects you from further abuse or harassment. It prevents your abuser from doing certain things. Once a court gives the order, your abuser cannot contact you in any way or contact anyone to contact you. This can be by phone, in person, or electronically.
They may also have to keep a certain distance away from your house, place of work, or your children’s school. When a legal barrier is created, it gives you space and security to rebuild your life free from fear. Based on the seriousness of your case, the restraining order could also order the abuser to leave the shared home or to give up any guns.
A restraining order is a civil matter, but if the offender violates it, he/she could be arrested and fined or jailed.
If you have experienced domestic violence, you can apply for a restraining order against someone with whom you are in an intimate relationship. This can include someone you are married to or used to be, a cohabitant, a partner who shares a child with you, or close relatives like a parent, sibling, or in-law. A domestic violence restraining order (DVRO) can protect you, your children, and anyone else who lives with you from being hurt any more. You may seek orders for the abuser to leave your home, for temporary custody of your child, and no contact.
How Can You Obtain a Restraining Order?
To secure a restraining order, you must first file a petition with your local courthouse, typically in the family or civil division. You must provide a detailed account of each abuse incident and submit any evidence you may have, including text messages, witness statements, or photos. Filling out the necessary forms means disclosing details of your relationship with the abuser, the history of the abuse, and what you want from the court.
Many courts can help you or have an advocate assist you. If you feel unsure about dealing with legal paperwork while under these stressful situations, you can ask for help from these services. The judge will review your petition as soon as it is filed. If the authorities find sufficient grounds to justify your request, they may issue a temporary restraining order (TRO) to protect you until the hearing date. This hearing would take place within a few days or a few weeks, allowing both parties to present their case.
It is helpful to provide strong evidence during the hearing and explain why you need continued protection. Preparing thoroughly by gathering additional evidence or consulting a lawyer increases your chances of securing a long-term or permanent order. Several legal aid organizations can help you navigate this process even if you do not hire an attorney. However, having an attorney offers the best odds of securing a restraining order in your favor.
What Types of Restraining Orders Are There?
There are different types of restraining orders, each for a different reason. You can pursue any of the orders. Knowing which type works best in your situation helps you take decisive steps toward securing your safety. The standard restraining orders are:
a) Emergency Protective Order
You can file for an emergency protective order (EPO) if you are facing an imminent threat. After responding to a domestic violence situation or another emergency, law enforcement can ask for an emergency protective order on your behalf. Securing an emergency order gives you five to seven days’ worth of protection while you apply to the courts for a more permanent solution.
b) Temporary Restraining Orders
TROs offer temporary relief as you await a full court hearing on your situation. You obtain a TRO by filing a petition with the court. The court will issue the order if the judge finds that your evidence and testimony warrant it.
TROs typically have strict rules against contact, communication, and physical proximity to ensure immediate safety until the hearing. These orders are generally valid for about 20 to 25 days.
c) Permanent Restraining Order
When you go to a hearing, you can be subject to a permanent restraining order. Even though they are called permanent orders, they usually last one to five years and can be extended if need be. After looking at evidence from both parties, the judge grants this order. These long-term orders restrict the abuser’s behaviour and give you long-term protection.
d) Criminal Protective Order
The court may issue a Criminal Protective Order (CPO) if the abuser is facing criminal charges in your case. CPOs protect you throughout the legal process and often have the same provisions as civil restraining orders. A CPO can often work with a civil restraining order, which can increase your overall protection.
e) Mutual Restraining Order
When both parties claim that they need to be protected from each other, the court may grant a mutual restraining order. Judges exercise caution in granting mutual orders to avoid misuse. They do so by requiring convincing evidence from both sides before granting mutual orders.
Courts do not easily grant these orders as it might complicate matters.
f) Workplace or School Restraining Order
If there has been any harassment or threats at your workplace or school, you can request a workplace or school restraining order. These stay-away orders can be helpful in your work or school setting by keeping the abuser out of important locations. School administrators or employers can help you secure these orders so you can work or learn safely.
What is the Purpose of a Restraining Order?
A restraining order gives you full legal protection from your abuser. Once granted, it can restrain the abuser from contacting you directly, indirectly, or through third parties. This means no phone calls, texts, emails, or in-person communication. The order can establish a mandatory physical distance that the abuser must keep from your home, workplace, and children’s schools.
If the judge deems it necessary, the order may also include a requirement for the abuser to hand over their guns. This profoundly reduces the chance of violence occurring. In a children’s case, the order could affect custody or visitation and can keep both you and your children safe. Courts often order terms including supervised visitation or no-contact provisions.
In the restraining order, you can seek protection for others in your life, including family, friends, or pets. Even if a restraining order cannot stop the abuser from coming close to the victim physically, it provides a legal mechanism to deter this behavior from happening, for example, imposing criminal consequences for violations.
What If the Restraining Order Is Violated?
If your abuser violates a restraining order, it is a crime. Thus, your abuser can be arrested, fined or jailed. Make sure you immediately report any violations to the law. Share any evidence you have, including text messages, voicemails, surveillance, or witness accounts.
When a restraining order is violated, law enforcement tends to act quickly. Once arrested, the abuser could receive extra charges or stricter court restrictions. If the transgressor’s conduct is serious enough and threatens your health or safety, the court could increase the order’s duration or terms to better protect you.
Document every violation. Write reports of all the incidents in detail when they happen. This documentation backs up your case and helps the judge determine if more action is required.
Take additional precautions to safeguard yourself, in addition to legal enforcement. Contact a support group, shelter, or legal aid for help. They will help you establish a safety plan and provide resources to stay safe.
If you receive a restraining order, follow every term or condition. Do not talk to the petitioner, whether directly or indirectly. Do not visit the restricted places. Follow the other conditions as well. It will not shield you from legal action if you do not understand or ignore your obligations under the terms. Courts take violations seriously, whether you meant to do so or not.
If you violate the order by accident or believe you are being falsely accused, call an attorney right away. A lawyer can help you present your evidence, articulate your case, and lessen the consequences. If the complaining party files a complaint against you, the police will investigate before taking any further action, like arresting you and filing charges.
Can I Modify or Drop a Restraining Order?
Yes, you can request that an order be modified or terminated, but this means filing a motion with the court. First, you will file a motion to alter or drop the order, which will be put on the calendar for a hearing. At the hearing, both sides can argue their cases. A judge will look carefully at the situation to see if the current conditions are dangerous and if there are new developments since the order was made.
If you believe your situation has changed, you must best explain why the order is unnecessary. You must provide evidence or testimony to back up your case. Be prepared for the judge to maintain the order if the judge believes it is still necessary to protect the protected party.
Do I Need Legal Counsel to Apply for a Restraining Order?
You can secure a restraining order without a lawyer. That said, if your case is complicated or could lead to a conflict, a lawyer could help significantly. An attorney can be helpful if you have a contested case where the other side has challenged your request. When this situation arises, an attorney will ensure you can present your case, navigate the legal system, and ultimately secure your desired order.
A lawyer can help with many aspects of the restraining order process. They can help you complete the proper forms, ensuring all the necessary information is included. If there are mistakes on these forms, it could make your case take longer, or you will not secure the order. A lawyer can also prepare you for hearings, including what to expect, how to explain your case, and what evidence would be helpful to your petition. They might also help you collect evidence, including witness statements, records of harassment or threats, and anything else that could support your request.
If you lack the financial means to hire a private attorney, there are other options you can explore. Domestic violence advocates or legal aid services help people who are unable to afford a lawyer. Various organizations assist people in obtaining restraining orders for free or at a low cost. These resources can benefit you if you are unsure of the paperwork or what steps to take next.
Even without an attorney, you can still request a restraining order. Nonetheless, you will have to manage the process independently without counsel. It can be a lot to deal with, especially if you are unfamiliar with legal procedures or do not know how to present your case.
How Do I Know Whether a Restraining Order Applies to Me?
If someone threatens or abuses you, you can obtain a restraining order to protect you. The law provides safeguards. These safeguards protect you from someone hurting, frightening, or spying on you. Restraining orders stop the abuser from contacting or coming near you. They give you peace of mind and legal protection.
If you are not sure if you are eligible, speak to a domestic violence advocate or lawyer who can help assess your situation. Numerous organizations and attorneys offer free consultations and can help decide if your case fits the legal requirements for a restraining order. These advocates guide you through the process and explain the steps you must take to protect yourself and your rights. Whether or not you believe your circumstances are severe enough, an expert will clarify your options to make an informed decision.
The quicker you act, the faster you can limit the risk of harm from the incident. Besides giving you legal protection, obtaining a restraining order can also relieve you of some of the emotional stress that you experience when you are afraid of someone.
It is your right to protect yourself, and you have access to useful resources that can help you do so. Reaching out for help does not mean you are overreacting. It is a proactive step toward protecting yourself.
Can a Restraining Order Protect My Children?
You can use a restraining order to protect your children. When looking for an order that deals with child safety, you can ask for orders changing custody, limiting visitation, or supervised contact. Judges make the safety of children their priority in a family court proceeding. If the other side poses a threat, the judge can restrict various activities to protect the child's well-being.
Use evidence to prove the other party's actions endanger your children. This is vital to strengthening your case. Examples may be given of past incidents of abuse, threats, or behavior suggesting that the children may be at risk. Providing documentation can help strengthen your case for even more protection. This evidence could include police reports, medical records, or witness statements.
What Should I Do If I’m Served With a Restraining Order?
Ensure you read the restraining order carefully and understand all the terms. You could be charged with a crime if you do not follow through. No matter how unfair and unjustified you think the order is, this is not the time to argue or disregard the terms. Per the court's order, you are to comply immediately and shall not contact the petitioner directly or indirectly until the court permits otherwise.
It is imperative to obtain legal representation soon. A seasoned lawyer will help you build a strong defense, explain your rights, and prepare for court proceedings. Professional guidance can help you develop a strategy to contest the restraining order if you wish to do so. Your attorney will inform you what evidence you should gather, like messages, e-mails, or any document supporting your position. They may also recommend witnesses who can speak on your behalf.
You should be present on the hearing date. If you fail to show up, a judge could grant a permanent restraining order against you, and with it come long-term consequences. If you come to the hearing, you can give your side of the story and challenge the petitioner’s claim. Even if you disagree with the charges, complying with the temporary order and not ignoring it until the hearing ensures that you remain in good legal standing. You would not admit to anything by complying.
You can present any evidence or witnesses supporting your case at the hearing. When you address the court, be respectful and clear. How you behave can affect how the judge sees your case. Remember that courts take restraining orders seriously, so your willingness to comply can work in your favor.
If the courts uphold the restraining order, you can talk to your lawyer about possibly appealing or modifying the ruling later. On the other hand, if the judge believes there are no grounds for the order, he/she will dismiss it and lift the restrictions.
Following the restraining order while filing the motions indicates that you respect the legal process and are serious about protecting your rights. The key is to act fast, seek sound legal advice, and take every step necessary to navigate the situation effectively. When you are sufficiently prepared, you can better comply and reduce the risks associated with non-compliance.
What Happens if I Violate a Restraining Order?
Violating a DVRO is a misdemeanor offense under Penal Code 273.6. If convicted, you face up to 1 year in county jail and up to a $1,000 fine or both. However, the law requires a minimum incarceration sentence of 30 days if the offense includes bodily injury.
If your past conviction or the violation involved violence, threats, or stalking, you could face felony charges. If you are convicted of a felony, you can be sentenced to state prison for up to 3 years and face a fine of up to $10,000. You could serve formal probation instead of a prison sentence. This comes with terms including:
● Mandated treatment
● Community service, and
● Disqualification from owning firearms
Furthermore, violating a restraining order can be a probation violation if you are already on probation for another offense. This can result in the revocation of probation, additional jail time, or stricter probation terms.
Find a Los Angeles Restraining Order Lawyer Near Me
It can be very overwhelming to be the victim of a domestic violence incident or be served with a restraining order for a domestic violence incident. Having an experienced attorney on your side is crucial since they will help protect your rights and help you navigate the process. Whether you’re seeking protection or defending against a restraining order, legal assistance helps you to take the proper steps toward a fair solution.
Our team at Goldman Flores Restraining Order Law Firm is experienced in handling domestic violence cases. We will guide you through the court procedures, help you gather the evidence needed, and ensure your voice is heard. We aim to protect your future while representing your best interests throughout the legal process. Contact us at 213-341-4087 for an initial consultation and case assessment. Let our experience give you the clarity, support, and confidence you need to move forward.
