Restraining Orders Attorney in Visalia, CA
Advocating for Your Family’s Best Interests
A study made in 2005 found out that on June 6 of 2003, California had 227,941 active restraining orders against adults, primarily domestic violence cases. Men and people aged 25 to 34 had the highest restraining orders. In 72.2 percent of the charges, a female became protected, and a man became restrained. The restrained and protected individuals were of the same gender in 19.3 percent of the cases. Yet, every case is individual and unique for its implications.
This article will go over some key points about restriction orders.
What restraining order means
A restraining order is an issued court order to protect a person, property, company, institution, or legal entity. As well as the general public, in cases of suspected domestic violence, child abuse, assault, harassment, stalking, or sexual assault. Every state has its domestic violence law in the U.S. Many states also have specific stalking and sexual assault laws.
How restraining order works
The person requesting a restraining order must show that immediate and irreparable damage or loss will happen without the charge; and why the notice is unnecessary. Victims of violence may be subject to a restraining order for emotional abuse or harassment in many states. Victims of harassment may also apply for a temporary restraining order under the California Civil Code.
A restraining order or protective order prohibits an abusive partner from approaching and contacting you in any way. Restraining orders can be an effective way to keep abusers at bay. The most common ways to protect yourself are as follows:
- If your abuser contacts you, they may face criminal charges.
- Presenting a restraining order will aid in the establishment of a record of abuse and may ease future criminal prosecutions.
- Request that the police and other authorities go above and beyond to protect you.
- It has the potential to force the abuser to leave home.
A restraining order in California
Domestic violence restraining orders classify into three types:
Emergency Protective Order
When the police department receives a domestic violence report, they can contact the judge any day or night and request an Emergency Protective Order. It is immediately effective—judges issue only urgent protective orders. When there is an immediate risk of domestic violence or a child is in danger of abuse by a parent or relative. The parent or relative has to ask for an order to prevent domestic violence.
Emergency Protective Orders last for five business days or seven calendar days, whichever is shorter. Three Emergency Protective Orders must give enough time to court and ask for a long-term Restraining Order. In an emergency, the judge has the authority to inform all the options available. You may also be able to care for your children temporarily.
Temporary (Partial) Restraining Orders
When you file a restraining order petition with the court, the clerk will set a date for you to return to court for a full hearing. Typically, it takes three weeks, but you can ask for a prior restraining order if you are in critical danger and need urgent protection. A restraining order is for the abuser to leave your home, avoid contact with you. It will also provide several other forms of protection.
After Hearing Restraining Order
Regardless of whether you receive a temporary order, a hearing takes place to get a final Domestic Violence Restraining Order. A judge can provide you with a “restraining order after hearing” that can last up to five years after a court hearing. If there is no termination date on order, it will be valid for three years from the date it became issued. During the final three months of the order, you can ask the judge to extend it for another five years or permanently. In this way, the judge can grant the extension without you having to prove any further abuse.
It is possible to obtain a temporary and permanent restraining order on your own. However, the assistance of an experienced attorney can significantly increase the chances of a judge granting your petition.
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