Are You the Victim of Domestic Violence? If So, Learn How You Can File for a Restraining Order Against Your Abuser
Posted on: May 12, 2020
Even in the times of COVID, you can have a restraining order issued against someone who is abusing you, stalking you, or taking part in other types of criminal behavior against you. These orders make it unlawful for the named party to come within a certain number of feet from you. While it cannot prevent them from doing so, it does give you the ability to summons the police as soon as the person comes near you.
There are actually three different types of restraining orders and the process of getting each of them is a little different. Keep reading to learn about them and then contact Law Office of Michael L. Fell at (949) 585-9055 to request a free legal consultation with a family law attorney who can help you.
How to File for a Temporary Restraining Order
Anyone who has been the victim of domestic violence, threats of violence, other types of violence, abuse, and harassment can file for a temporary restraining order (TRO). These are filed with the Superior Court of California and last up to 25 days. There is no cost to file this restraining order.
The purpose of this restraining order is to keep the abuser away from you while the court hears the full case and determines the best way forward. There are four types of TROs:
- Domestic violence restraining order
- Workplace violence restraining order
- Elder/Dependent adult abuse
- Civil harassment
How to File for a Permanent Restraining Order
In almost all cases, a permanent restraining order will not be issued until a TRO has been issued. A permanent order cannot be issued until there is a court hearing in which the judge can decide if the victim requires it. Despite the name, this is not actually a “permanent” restraining order – it lasts from three to five years. Once it has expired, you can reapply to have it extended
How to File for an Emergency Protective Order
Only a police officer can request an emergency protective order (EPO) and only in certain situations. If it is granted it is good only for one week. If the abuser lives within your home, the police can request that they leave until the order expires. A police officer can contact a judge 24 hours per day to request an EPO. Though you cannot file one yourself, you can talk to an officer and request that they ask for one on your behalf.
Talk to a Family Law Attorney for Help
If you are in danger then you should call 9-1-1. If your home is unsafe and you want to take steps to become safe, then you may need the help of a family law attorney. You can reach Law Office of Michael L. Fell at (949) 585-9055 to request a free, confidential legal consultation.
