In the state of California, a Domestic Violence Restraining Order is a civil court order signed by a judge that protects you from abuse by anyone you have a close relationship with. Both women and men victims can seek legal protection that informs the abuser to stop the abuse or face serious legal consequences.
This act is designed to protect you and/or your children under the age of 18 who live with you from actual or threatened violence such as:
- physical injuries (attacking, striking, or battering);
- molestation, sexual assault and/or harassment;
- harassing or threatening telephone calls;
- destroying personal property;
- disturbing your peace; and
To ensure the safety of California’s numerous communities, even if the action or incidents of your abuse does not fit into this definition, you may still be eligible for a Civil Harassment Order. Under the DVPA, abuse can be physical, sexual, or verbal and can include spoken, written or perceived abuse.
Types of Domestic VIolence Restraining Orders
There are three types of California Domestic Violence Restraining Orders (DVRO):
- Emergency Protective Order – When there is a criminal domestic violence matter, the order goes into effect immediately and lasts only five business days or seven calendar days. The emergency protective order is usually utilized to give you time to go to court to ask for a Domestic Violence Restraining Order, which lasts longer and goes beyond a temporary basis.
- Temporary (ex parte) Restraining Order – Provides immediate protection from your abuser that will last for up to 15 days in cases where you need protection well before the time of your full court hearing. An “ex parte” order means that the abuser does not need to be present in order to have a restraining order filed against them.
- Restraining Order After Hearing – Can last up to five years to prevent your abuser from threatening, harassing, or abusing you and your loved ones. This order can be granted after you have a court hearing and can be extended after an initial restraining order expires.
If you have experienced domestic violence from your spouse, you can make requests regarding your house, finances and even custody of children. It is crucial to take legal action and get out of the harmful situation as soon as possible to protect yourself and your family from further abuse and injury. There are many ways you can do this through the court system, but any of the legal scenarios available are best explored with the help of an experienced California domestic violence attorney.
Call Wallin & Klarich
Wallin & Klarich’s Domestic Violence Attorneys have the legal expertise and understanding to help you file your claim. Family law is a complex area and it takes someone with intimate knowledge of the law and experience navigating local courts to get you the best possible result in your case. Contact our family law attorneys today for a free consultation. Call (888) 749-7428. We will be there when you call.
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