Restraining orders are court directives issued by judges to prohibit a person (mainly a suspected abuser) from engaging in a particular behavior towards another person (a protected person). They establish boundaries between victims and their abusers to safeguard alleged victims from further harm. Restraining orders are instrumental in domestic violence situations whereby the suspected abuser and their victim live in the same household or are closely related. You can use a restraining order to protect yourself against domestic violence.
You can start by familiarizing yourself with how restraining orders work, the different types available under the law, and how you can obtain one to protect yourself from your abuser. A skilled restraining order lawyer can provide this information and help you apply for one.
The Need for Protection Against Domestic Violence
Domestic violence is a general term referring to a wide range of abusive acts committed against an intimate partner. An intimate partner can be a current or past spouse, cohabitant, girlfriend or boyfriend, or registered domestic partner. The nature of these kinds of relationships makes domestic violence a sensitive issue since it entails the abuse of an intimate partner. Sometimes, the legal definition of domestic violence includes children, parents, and other close family members. A family should be a safe space where each member feels wanted and loved. When domestic violence occurs, it affects the victim and other members of that family.
In most cases, victims of domestic violence are afraid of reporting their abusers or informing other people what is happening behind closed doors. They remain in violent and abusive situations for years before they can seek help. Domestic violence restraining orders allow them to protect themselves and other possible victims against further harm, temporarily or permanently. The order prevents the alleged abuser from continuing acts of violence or abuse against the victim for a particular period. A more permanent solution, including physical separation or divorce, can be sought within that period.
Sadly, domestic violence cases are some of the most devastating cases judges receive every day. They involve cases of battered, assaulted, abused, or murdered spouses, ex-partners, parents, and children. These crimes are usually more heinous than violent crimes involving unrelated people. Judges must act quickly after receiving reports of domestic violence to save situations from worsening. Some abusers become even more violent after learning that their victims have reported them. This makes a domestic violence restraining order critical. Since it separates the abuser and the victim, it becomes difficult for the abuser to reiterate against the victim for reporting the matter to the police.
Cases of domestic violence are on the rise. The cases reported today are worse than the police handled a few years ago. Everyone must know about the existence of domestic violence restraining orders, their essence, and the process of applying for one. If you find yourself in a dangerous situation where you are afraid for your safety or the safety of your loved one, you can contact a restraining order attorney immediately. They will help you report the matter to the police, obtain a restraining order, and ensure your safety until a judge determines your case.
How Domestic Violence Restraining Orders Work
Judges issue domestic violence restraining orders after receiving an application from a victim of domestic violence. You can apply for one once you start receiving verbal threats, physical aggression, sexual coercion, or financial control from an intimate partner or close family member. You do not have to wait until the abuse becomes physical to take action against your abuser. Once they start intimidating or threatening you, you can protect yourself and your loved ones through a restraining order and then seek a legal solution to your situation. Remember that the impact of domestic violence is significant, even for other family members. It affects the physical, emotional, mental, and social well-being of victims and those close to them.
A restraining order stops the abuse or violence for a particular period. Judges issue these orders according to the information you provide to the police. Some orders are temporary, while others are permanent. The one you apply for depends on the underlying domestic matter and how soon you can resolve it. Domestic violence orders are very effective in preventing threats, stalking, abuse, harassment, and any other contact between the victim and the perpetrator. They prohibit a particular behavior or action by the alleged abuser against the victim and provide severe consequences if the abuser violates the conditions of the order.
The judge issues domestic violence restraining orders on application. A police officer can obtain a temporary order for you after responding to a domestic violence situation in your home. However, you must put in the application for a permanent order if you still require the court’s protection against your abuser after the expiration of the temporary order. The judge will detail the dos and don’ts of the order, which the alleged perpetrator must abide by. There should be possible consequences if any of these conditions are violated. The order will also contain the dates within which it will be in effect.
For example, a restraining order can prevent your ex-partner from coming to your home, place of work, or from visiting places you frequent. It can stop them from talking or communicating with you, even on the phone or via email. An order can compel your partner to financially support you and your children within a particular period. It can also compel them to surrender something they have to you permanently or temporarily. The alleged perpetrator will likely be arrested and charged with contempt of a court order if they violate any restraining order conditions.
Types of Restraining Orders That Protect Against Domestic Violence
California law provides several types of restraining orders for domestic violence victims. Understanding these orders and how they can protect you is crucial, as it prepares you for what to do if you are in a domestic violence situation. A skilled restraining order attorney can help you understand them and the conditions in which they are applied and help you obtain the one you need for your protection.
An Emergency Protective Order or EPO
As its name suggests, this restraining order is recommended for emergencies. It is an immediate intervention by a judge for people in a severe domestic violence situation. Judges issue these protective orders at the application of the police. When officers respond to a domestic violence situation, they can advise and assist the victim to obtain a protective order against their abuser. These interventions are usually given on the assumption that the person who calls the police or who appears as the victim of abuse is the victim of domestic violence.
Typically, an EPO protects the alleged victim against further abuse. However, it only provides temporary protection before the two parties resolve their domestic issue before a judge. The police recommend emergency protection if they suspect that imminent danger of abuse or violence is present. The protection of an EPO lasts for about seven days, within which you must have resolved the underlying matter with your alleged abuser. If not, you can obtain a temporary or permanent restraining order to continue enjoying the court’s protection against your abuser.
Note: EPOs are available throughout the day and night to ensure continued protection of victims of domestic violence.
A Temporary Restraining Order or TRO
Victims of domestic violence can apply for a temporary restraining order without the assistance of the police. Judges issue these orders without holding a hearing to hear and determine a domestic violence case. You can also obtain an order without the presence or knowledge of your alleged abuser. Judges issue these orders based solely on the word of an alleged victim.
A TRO remains in effect for at least 21 days or until a judge hears and determines a domestic violence case. The order provides the victim and the abuser guidelines by which they must abide during the period it remains in effect. You must serve your alleged abuser with the order for it to start being in effect. You must also report any order violation to the police immediately after it happens.
Once the duration of the order expires, you can obtain a permanent restraining order or resolve the matter with your alleged abuser.
A Permanent Restraining Order
Judges issue this type of restraining order after a hearing, where the alleged abuser and their victim are present. It occurs after the victim reports a case of domestic violence and agrees to pursue it through a court process. The judge sets a hearing date to review the evidence and hear testimonies and statements before resolving the matter. Thus, judges issue permanent protective orders when they conclude that the victim has reason to fear for their safety or the safety of their loved ones.
Permanent restraining orders remain in effect far longer than emergency and temporary orders. They can last for up to five years, offering the victim of domestic violence protection from their abuser. The order also establishes clear boundaries between the abuser and the victim against harassment, stalking, and abuse.
How To Obtain a Restraining Order To Protect Yourself from Domestic Violence
A victim of domestic violence can fear or feel confused whenever they think of acting against their abuser. This confusion makes it difficult for them to make rational decisions that could result in safety. Understanding how to navigate the legal processes involved when obtaining a restraining order is critical. You can also discreetly speak to a restraining order attorney for assistance. Here are some of the issues you should consider when seeking protection against domestic abuse:
Your Eligibility for a Restraining Order
Remember that domestic violence occurs between and among closely related people. You must demonstrate a close relationship with your alleged abuser to obtain a domestic violence restraining order against them. For example, you must prove that you are their previous or current spouse, parent, child, dating partner, or household member.
Domestic violence restraining orders are also issued whenever there is a fear of imminent danger for the victim or their loved ones. You must demonstrate that you are experiencing or are in imminent danger of suffering harm by a person closely related to you. Remember that this harm does not necessarily have to be physical; it can be emotional, mental, or financial.
If you meet these criteria and have a credible case of domestic violence, the judge can issue you with a restraining order to keep your abuser away temporarily or permanently.
The Process of Obtaining a Restraining Order
Legal processes are generally complex, but a skilled restraining order attorney can help you navigate the court processes successfully. Typically, obtaining a restraining order starts with completing the required documents. You must provide the details of the underlying domestic violence case, your identifying information, and the alleged abuser’s identifying information. You must also explain the kind of protection you need from the court and how long.
Once you complete the paperwork, you should file it with a court for processing. The judge will review the case details to determine your eligibility for a court order and the type of restraining order you need. They will then provide you with the court order and other supporting documents.
You must serve the alleged abuser with the court order and the supporting documents obtained from the court for the order to be in effect. Serving them with the court order ensures they know the order's restrictions and the pending domestic violence case. However, you must carefully handle this process, especially if you are still afraid of your abuser. Your attorney can serve them with the order on your behalf or use a close family member or the police. This ensures you remain protected throughout that period.
You and your alleged abuser must attend the hearing set for your domestic violence case on the dates provided in the order. This allows both parties to present their claims and evidence to the court. You can call in an eyewitness and provide other evidence supporting your claims. The judge will give the final verdict in your case after reviewing evidence and statements from both parties. This could mark the end of the restraining order’s protection or the beginning of a permanent protective order’s protection.
How Domestic Violence Restraining Orders Help
Restraining orders offer swift protection against violence, abuse, stalking, and harassment by an intimate partner. Emergency protective orders offer instant protection in case of imminent harm. You can call the police if you are afraid for your safety or the safety of your loved ones. Once the police assess the situation, they can obtain an EPO for immediate restraint from your abuser. It allows you to gather yourself and prepare to file a domestic violence case with the court. It also keeps you safe until the judge resolves your case. Temporary restraining orders also offer swift protection, albeit temporarily.
The eligibility criteria for domestic violence restraining orders are lenient. This makes them accessible to all victims of domestic violence, whether they are a child or a vulnerable adult. If you have proof of abuse and the alleged abuser is closely related to you, you can obtain a restraining order against them. EPOs are usually available even in the middle of the night, with the assistance of the police. You only need to call the police or speak to an attorney about your abuse or fear of abuse to start the process of obtaining a court order against your abuser.
Courts have stringent penalties for abusers who violate domestic violence restraining orders. These orders contain the dos and don'ts that the alleged abuser must abide by throughout the time the order is in effect. They also provide possible penalties if they violate the order, including an arrest and additional criminal charges. These restrictions prevent further abuse against the victim, giving them a break from emotional, mental, and physical torture that could affect their ability to pursue the domestic abuse matter. It also makes it easy for the court to review and solve the case within a reasonable period.
Types of Restrictions in a Domestic Violence Restraining Order
Typically, judges grant domestic violence restraining orders to protect the victim, their children, property, pets, and their other close relatives. Once the order is in effect, the police are required to enforce it. They can arrest the alleged perpetrator if any order provision is violated. Here are examples of orders you can find in a restraining order:
● The alleged perpetrator must not establish contact with the victim or the victim’s loved ones and property.
● They must not stalk, harass, threaten, or harm anyone protected by the restraining order.
● They should stay within a particular distance of the protected persons
● They must move out of the home they share with the alleged victims
● They should not possess, purchase, or otherwise acquire a firearm, gun, or ammunition
● They must pay alimony (if it is necessary for the underlying matter)
● They must pay child support according to the judge’s order (if it is a requirement)
If the parties involved in the domestic violence issue are married with children, the judge is compelled to consider child support, custody, and alimony issues when issuing a restraining order.
The list only contains some of how a restraining order can protect you. Judges issue orders according to the details of a case.
Consequences for Violating a Domestic Violence Restraining Order
A person closely related to you can obtain a domestic violence restraining order against you if you are a threat to their safety or the safety of their loved ones. Once they receive the order and serve you with the court documents, you must seek to understand the details of the order and the underlying case. A skilled restraining order attorney can help you with that. They can also work with you to ensure you abide by all the order terms to avoid severe legal consequences.
Violating a domestic violence restraining order is a grave offense. You can be arrested and charged with contempt of the court, which carries a severe penalty. Remember that the charge will be in addition to the domestic violence charge against you. These charges can result in a life-changing penalty, including a lengthy prison or jail time and a hefty court fine. You could also lose custody of your child and everything else you have achieved in life.
Engaging a competent restraining order attorney helps because they will ensure you understand all the orders in the restraining order against you. This makes it easy for you to abide by them all. Your attorney also explains what is at stake if you violate any orders. They advise you on what to do when you feel like or are about to violate the orders. For example, they can contact your children on your behalf to find out how they are instead of allowing you to contact them or your ex-spouse, which is a violation of your restraining order.
Your attorney will also help you develop a solid defense against the underlying domestic violence charge for a favorable outcome. They will obtain and prepare evidence, witness eyewitnesses, and find mitigating factors to help your situation. Fortunately, criminal trials are usually fair, allowing everyone to fight for their best interests.
Find an Experienced Los Angeles Restraining Order Attorney Near Me
Domestic violence restraining orders help protect vulnerable victims of domestic violence against further abuse, harm, and death in the hands of people closely related to them. If you are a victim of domestic violence, a skilled restraining order attorney can help you understand how these orders work, when you can obtain one, and how to effect it. If you are accused of domestic violence, an attorney can help you understand the terms of the order against you and how you can protect your rights and interests.
To learn more about domestic violence restraining orders in California, contact Goldman Flores Restraining Order Law Firm at 213-341-4087. We will ensure you have the information you need to make an informed decision for your safety and the safety of your loved ones. We will also walk you through the difficult and complex legal journey until you are happy with the outcome.
