How Protective Orders Are Different Than Restraining Orders
It is crucial for a person who is a victim of domestic violence, or has reason to believe they could be harmed by it eventually, to seek help and get some space between them and the offender.
In California, there are two common solutions: restraining orders and emergency protective orders (EPO). Depending on the unique situation a person is facing, they may require one or the other, or possibly even both. To determine which type of protective order you need, it helps to know the differences between them.
Keep reading or contact us now to speak with a lawyer for victims of domestic violence in Murrieta.
How to File a Restraining Order in CA
A judge or an authorized family law court can accept and approve filings for restraining orders from those who have been abused by domestic violence.
The process begins with the issuance of a Temporary Restraining Order (TRO) but it may become permanent if the court is convinced of its necessity; a court date will be set to determine whether or not to issue a permanent restraining order, and the accused may be there to defend themselves.
A restraining order will generally:
- Bar the offender from going to certain places at certain times
- Require the offender to maintain a minimum distance from the accuser
- Require the offender to leave their shared home
- Require the offender to turn in any guns until the case concludes
- Reinforce spousal support or child support orders
When a law enforcement officer witnesses domestic violence or can clearly see evidence of it after responding to a call, they can remove the abused individual from the situation and immediately request an Emergency Protective Order from a judge.
What Is an Emergency Protective Order (EPO)?
An Emergency Protective Order (EPO) uses the same physical and territorial stipulations as a restraining order, but only persists for a few days at most.
How to Get an Emergency Protective Order in CA
If it is shown that the officer made the right call and there was the threat or presence of domestic violence, then a court hearing will be scheduled the date the EPO expires. During this hearing, a judge will decide how to extend the EPO into a restraining order and what that order should control.
Help for Both Sides of the Issue
Restraining orders and emergency protective orders are part of a delicate and sensitive legal process, for there are two sides to every story of domestic violence. Misunderstandings, exaggerations, and complete fabrications can be the basis of a domestic violence claim if the accuser is looking for a fast and effective way to harm the wellbeing of their spouse or ex-spouse. Of course, many more situations do include real danger, and the accuser must be protected.
At Hanson, Gorian, Bradford & Hanich, we are highly-experienced when it comes to domestic violence defense cases. We have the ability to represent you no matter where you stand. Our attorneys can help you if you have been accused, or can assist you in filing for a restraining order if you are a domestic violence victim in need of an emergency protective order.
Call (951) 506-6654 for a free consultation to learn more!