Panic can cause confusion and indecision, mainly when a relationship exhibits signs of danger or abuse. It is best to stay informed of the legal options available in this situation. A New York-based advocacy organization, Safe Horizon, reveals that one in four women suffer domestic violence in their lives. Additionally, the U.S. Department of Housing and Urban Development shows that domestic violence is a significant cause of homelessness in the United States. A victim should file a restraining order if he/she experiences an unsafe or abusive relationship with their spouse or someone else.
How a Restraining Order Works In California
A restraining order is a legal order enforced by the court, preventing the abuser from engaging in abusive conduct or acts against the victim. Abuse can mean several things, including:
- Destruction of property
- Harassment
- Inappropriate and excessive contact like social media interaction, texts, emails, phone calls, or stalking
- Physical or verbal threats of violence
- Physical abuse, whether sexual or otherwise
- Other inappropriate behavior, like threatening the victim
A restraining order can put one of the following prohibitions on a person:
Residence Exclusion
A residence exclusion order will force the abuser to leave the dwelling, apartment, or house shared with the victim. A judge can impose this order on the abuser for situations involving elder or dependent adult abuse and domestic violence. In this case, the abuser is only allowed to take necessary personal belongings. It would be an offense for the defendant to return to the house or dwelling until after the case is heard and decided.
Stay-Away Orders
A stay-away order forces the abuser to stay away from the victim for a designated period and at a set distance. Sometimes, abuse might not be about physical interaction. It can be an actual or perceived threat of emotional or physical abuse or violence. This order typically considers the impact of proximity on abusive relationships. Vehicles, homes, places of employment, schools, and other places relevant to the victim’s daily life are all areas from which an order can prevent the abuser from visiting.
Restraints On Personal Conduct
A personal conduct order prohibits the abuser from engaging in acts directed at the victim. This order prevents the abuser from engaging in behaviors that are otherwise legal. The judge can issue an order for personal conduct to restrain the abuser from carrying on with abusive acts.
Circumstances That Can Allow a Victim To File a Restraining Order In California
There are several circumstances under which a victim can file a restraining order. Each circumstance is based on how the victim relates to the abuser.
Elder or Dependent Adult Abuse
A victim must prove one of two factors for them to file for an elder or dependent adult abuse restraining order. These include:
- The applicant must be aged 65 or older. Otherwise, individuals aged 18 to 64 must suffer from a qualified physical or mental disability
- The disability must prevent the applicant from protecting themselves against the abuser
- A victim must also prove that he/she is a victim of either physical or financial abuse, abandonment, or neglect
- An applicant must also provide sufficient evidence that he/she was deprived of the treatment or services required to avoid mental, emotional, or physical suffering.
Workplace Violence
An employer can file a workplace violence order because of an abused, stalked, or harassed employee. This order aims to protect the victim, their employer, and all other people in the workplace against a threat of violence. Only employers are allowed to file workplace violence restraining orders. On the other hand, the law allows victims to file for a civil harassment order, domestic violence, or an elder or dependent adult restraining order.
Civil Harassment
A civil harassment restraining order does not require proof of an intimate relationship with the abuser. This order allows a victim to file a restraining order against an employer, acquaintances, neighbors, friends, distant family members, and strangers like virtual stalkers. A civil harassment order is similar to a domestic violence order other than this difference.
Domestic Violence Order
The law allows victims to file a domestic violence order if they have been abused by someone with whom they have an intimate relationship. The judge will consider various factors while determining whether the victim and the abuser are closely related. Some of the factors will include:
- Whether the applicant and the abuser are related by blood or law
- Whether the victim and the alleged abuser are cohabiting
- Whether the victim and the abuser are dating or divorced
- Whether the victim and the abuser are married or registered domestic partners
Essential Steps For Filing A Restraining Order
It is essential to take that initial step toward pursuing legal protection. The following is the vital procedure a victim must follow to secure a restraining order:
Gather Sufficient Evidence
A victim should begin by gathering evidence like photos of injuries and printouts of threatening emails, texts, or even voicemails to develop a strong case. Official reports from past law enforcement involvement can also play a crucial role. These reports substantiate the allegations of violence or harassment, providing a good foundation for the pursuit of protection.
File The Required Court Forms
There are standard court forms that a victim must file when applying for a restraining order. Any victim of abuse or harassment can access these forms from the court's website. Applicants can also access the files by visiting the superior court in their jurisdiction. Applicants should fill out the forms keenly, providing specific details regarding the abuse or harassment, time, date, and any witnesses.
Filling out the forms accurately is important because errors can cause delays or negatively affect a case. Once applicants finish, they should submit the forms at the courthouse.
File The Duly Filled Forms With The Court
Applicants should take three copies of the filled forms to the Superior Court in their county of residence. The court clerk will review the filed documents for completeness and enter a lawsuit into their database. The filing commences the formal petition for protection against abuse.
Show Up For Court Hearings
The judge will set a hearing date for the applicant to show up, table their case, and provide evidence. This is a crucial stage of filing a restraining order in California because the court will carefully assess the victim’s testimony and evidence. From this, the judge will decide whether to grant a temporary or permanent order against the perpetrator of abuse or domestic violence.
Most victims have no idea what evidence they should present in court to support their claims. These cases can be complex, but a skilled family law attorney can help you obtain the restraining order you require to be safe. If a restraining order is against you, an attorney can help you fight against it.
The restraining order program is considered the best tool to keep victims safe from abusers until they seek justice. A restraining order regulates how much an abuser can communicate with or see the victim. Restraining orders are particularly crucial in domestic violence cases where the victim feels he/she is not safe being around the abuser. Various types of evidence are required to show that a restraining order is necessary for the judge to implement.
To obtain a restraining order, you must present evidence of threats, harassment, or physical harm to establish a credible risk. Some of the pieces of evidence required to support a claim can include:
A Report From The Police
A police report can take the judge back to the day when the abuse or harassment happened. The report can contain details regarding what occurred and what the police established when they visited the scene. If the police observe signs of physical abuse on your body or any unusual behaviors, they will put information in their report.
Testimonies From The Witnesses
Having another person testify on the victim’s behalf about the abuse or harassment can serve as significant proof. The witness does not have to be a person who was in the house at the time of the abuse or harassment because this is rarely the case. A friend could have witnessed the incident a few hours later and would testify regarding the injuries the victim suffered. A close relative who saw some physical marks on the victim’s body after the incident can also testify. Any third party that can prove the victim’s claims can also help a victim obtain a restraining order.
Written Documentation
Written documentation can be valuable evidence to show the chronological abuse if a victim keeps a journal of abuse suffered throughout their relationship with the abuser. The report should include relevant and sufficient information about:
- Where the victim is located
- The time abuse or harassment happened
- The date the victim was abused or harassed
Investigators will use this information to determine the connections they can make in court. They will also evaluate the information to decide if it contradicts what the abuser is trying to claim happened.
Taking Pictures Of The Incidents
It will be hard for an abuser to dispute what is seen in plain sight when a victim takes pictures. Photos of property damage or the victim’s injuries, which can be linked to what the victim is claiming the abuser did, will significantly assist an applicant in securing a restraining order.
Medical Records
If a victim had to seek medication immediately to treat their injuries, this can be vital evidence. The medical report will reveal the type of injuries suffered. It can also show the date when the victim sustained injuries based on the injury status examined by the doctor.
Factors To Consider When Filing A Restraining Order
The following are the key insights regarding pursuing legal protection:
Seeking The Services of a Skilled Attorney
Victims should seek the help of a competent attorney while pursuing a restraining order. An attorney will offer personalized advice and assist in gathering enough evidence. The attorney will then present the case convincingly in court, enhancing the victim’s chances of securing the required protection.
Make Computer Safety a Priority
Clear all browsing history after researching anything sensitive on shared computers or in public because browsing history is always visible. If needed, a victim should only use a trusted friend's computer to protect their privacy during this vulnerable period.
It is essential to scrutinize the information a victim gives thoroughly. You should also adhere to the legal processes and comply with the court's rules.
The Cost of Filing For a Restraining Order
Whether a victim incurs a cost or not when applying for a restraining order will depend on the type of restraining order. The primary purpose of restraining orders is to help people facing financial difficulties pursue the required protection without delay. However, an applicant will incur some costs while securing the services of a family law attorney. An applicant will also incur extra costs for serving the restraining order to the abuser. Sometimes, the court can waive the fee if it establishes that the applicant has a low income or is a victim of domestic violence. An attorney understands available financial relief options and will work to ensure that a victim is protected without breaking the bank.
Modifying or Terminating A Restraining Order
A victim should not hold on to any kind of restraining order that he/she no longer requires. Sometimes, circumstances change, and the victim can tweak some of the initial petition or revoke the whole order. In either case, an applicant should work with an attorney to petition for modification or termination of a restraining order. The judge will evaluate what the victim has requested in writing and make the final ruling. An abuser will still face the consequences if he/she does not adhere to any requirements of the order before its termination.
Find a Restraining Order Attorney Near Me
Restraining orders come in handy in protecting victims of domestic violence or other forms of abuse from further abuse. There are several types of restraining orders. The applicable order depends on the kind of abuse the victim faces and the victim’s relationship with the perpetrator of violence.
At the Goldman Flores Restraining Order Law Firm, we have experienced attorneys who can help you secure a restraining order or fight against one. Contact us today at 213-341-4087 to speak to one of our attorneys.
