When you find yourself in need of protection from physical abuse or harassment, you may feel scared and alone. It is important to know there are resources to help you remain safe and laws that can protect you from further suffering if you are a victim of violence. One avenue of protection is getting a restraining order in Placer County. This is a court order of protection that can be put in place to stop a victim, or “protected person,” from being abused or harassed by a specific “restrained person.” Your Placer family law attorney can help you file for the protective order that applies best to your situation and help you on your way to increased safety and peace of mind.
In California, there are different types of restraining orders. Each applies to different situations, and your family law attorney can explain the options and help you obtain protection quickly to prevent further violence against you or your loved one. Restraining orders can protect individual people and can also include additional protected people, such as family members or people living in the same household as the protected person. Whether you are a victim of domestic violence, elder abuse, or civil harassment, you have options when it comes to protection.
A law enforcement officer can request an emergency protective order on behalf of a person under immediate threat or danger of domestic violence. The purpose of an EPO is for the abused person to have protection while they apply for a longer-term restraining order. A judge will issue an emergency protective order at the request of an officer if there is sufficient reason to believe there is an immediate threat of danger or domestic violence, a dependent elderly adult is in danger of abuse, or a child is in danger of abuse or abduction. This type of order takes effect immediately, and the protection lasts one week.
A temporary restraining order protects a victim for 20-25 days. It is typically issued after an emergency protective order or when a judge agrees you are in immediate danger and need protection before a time when the court is able to hear your case. When protection ends under a temporary restraining order, a court hearing is attended, and a judge will determine whether it is appropriate to issue a permanent restraining order.
If granted necessary by a judge, a permanent restraining order is valid for 3 or 5 years, depending on which type is issued. A domestic violence restraining order, which is for those who have been abused by someone close to them, such as a partner, ex-partner, or close relative, grants protection for five years. A civil harassment restraining order, which applies when someone is being stalked, harassed, abused, or threatened by someone with whom you are less close, such as a neighbor, roommate, or distant relative, grants three years of protection.
In California, permanent restraining orders are issued as either domestic violence restraining orders or civil harassment restraining orders. The type that is issued largely depends on the relationship between the protected person and the restrained person.
Domestic violence restraining orders are issued when a victim has a close relationship with the abuser. This could be a spouse, ex-partner, the other parent of your child, or a close relative (sibling, parent, child, in-laws). Civil harassment restraining orders are issued when the victim and abuser do not have a close relationship. This might include a neighbor, co-worker, roommate, or distant family member. Regardless of which type of order is issued, there are a variety of scenarios where protection may be legally necessary, including:
If you or someone you love are experiencing any of the above situations, contact your local law enforcement for help with immediate danger. Once you are no longer in immediate danger, getting the assistance of Ewing Law Firm to help you establish more permanent protection can be beneficial.
A restraining order can restrict behavior, such as with personal conduct orders, or restrict location and proximity, such as with stay-away orders or move-out orders. Personal conduct orders are to stop the restrained person from doing specific acts against those named as a protected person in the order, such as harassing, contacting, stalking, or abusing. Stay-away orders are to keep the restrained person a set distance away from the protected person(s) and their place of work, school, vehicle, etc. Move-out orders, also known as kick-out or residence exclusion orders, require the restrained person to move out of where the protected person(s) live.
Being the restrained person in a protective order can have very serious consequences. They may no longer be able to own a gun, see their children, and be limited in where they can go or what they can do so as not to violate a stay-away order. For a restrained person to be motivated to follow the restraining order, consequences must be severe. Breaking the terms of a restraining order could result in having to pay a fine, serve jail time, or both.
If you are a victim of domestic violence or civil harassment, our family lawyers at the Ewing Law Group are ready to help you obtain the protection you need. We can also represent you if your case goes to trial. We understand domestic violence and situations involving restraining orders are sensitive topics and that you are focused on the safety of yourself and your family. Let our experienced team handle the legal side of things while you focus on physical and emotional health. Contact us today to schedule your consultation so you can discuss your case with one of our experienced family lawyers.