The Importance of Safety with Domestic Violence Restraining Orders
Domestic violence is a serious issue that affects millions of people every year. It is defined as any type of physical, emotional, or psychological abuse that occurs between two individuals in a domestic setting, such as a romantic relationship, cohabitation, or family ties.
In the United States, each state has its own laws and procedures for addressing domestic violence. In the state of California, victims of domestic violence have the option to obtain a restraining order, also known as a protective order or an order of protection.
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What is a Restraining Order?
A restraining order is a legal document issued by a court that prohibits an abuser from contacting or coming near the victim. It is a vital tool in protecting victims of domestic violence and preventing further abuse. In California, there are different types of restraining orders that can be granted depending on the situation.
Emergency Protective Order (EPO)
An EPO is a temporary restraining order that can be obtained by law enforcement officers at the scene of a domestic violence incident. It provides immediate protection for the victim and can last up to seven days. The purpose of an EPO is to give the alleged victim time to file for a longer-term restraining order.
Temporary Restraining Order (TRO)
A TRO is a court-issued restraining order that lasts between 20 and 25 days, depending on the situation. This type of order is meant to provide protection while the alleged victim prepares to file for a permanent restraining order.
Domestic Violence Restraining Order (DVRO)
A DVRO is a long-term restraining order that can last up to five years. It can be obtained by the alleged victim after filing for a TRO and attending a court hearing. A DVRO prohibits the abuser from contacting or coming near the alleged victim, as well as other family members, pets, and even the alleged victim’s workplace or school.
The Importance of Safety
Obtaining a restraining order is not a guaranteed solution to end domestic violence. However, it can be an essential step in ensuring the safety of alleged victims and their loved ones. A restraining order can provide physical distance between the abuser and the alleged victim, making it more challenging for the abuser to continue their abusive behavior.
Additionally, a restraining order can also provide emotional and psychological safety for the alleged victim. It serves as a legal acknowledgement of the abuse they have suffered and can help them feel empowered and in control of their own safety.
A restraining order can also protect the accused from potential false accusations. In heated domestic violence situations, emotions can often cloud judgment and lead to false accusations against the accused person. Having a restraining order in place can help prevent these types of situations and protect the accused from potential harm.
Obtaining a Restraining Order in California
The process of obtaining a restraining order in California begins with filing for a TRO at the courthouse in the county where the victim resides. The application will require details of the abuse, including dates, locations, and any evidence or witnesses.
After filing for a TRO, there will be a court hearing within 20 to 25 days where both parties can present their sides of the story. If granted, the restraining order will go into effect immediately.
What to do After Obtaining a Restraining Order
Once a restraining order is granted, it is crucial for the victim to follow the safety precautions outlined in the order. This may include changing locks, notifying employers and schools, and creating an emergency plan in case the abuser violates the order.
It is also essential for victims to seek support from family, friends, or domestic violence organizations. They can provide a safe space and resources to help the victim in their journey towards healing and recovery.
Contact Wallin & Klarich Today
If you or a loved one are facing a restraining order, you need an aggressive defense attorney to fight for your freedom. With 40+ years of experience, our attorneys at Wallin & Klarich have helped thousands of clients win their cases or get their charges reduced to a lesser degree. We know the most effective defenses to argue on your behalf, and we will do everything in our power to help you achieve the best possible result in your case.
You may not be aware of all your options. Calling our office costs you nothing, but picking up the phone could be the difference between years in prison and years of freedom. Let our skilled attorneys examine your case to find the best way to avoid prison.Discover how our team can assist you. Contact us today, toll-free at (877) 4-NO-JAIL or (877) 466-5245 for a free consultation with a skilled defense attorney.
