If you suffer harm from someone in your home or family, seeking out legal help through the use of a domestic violence restraining order may seem like a simple solution. Restraining orders are meant to provide protection, but they are only issued when there is a real threat.
As your attorney, our team at Martin Family Law Group can help you to navigate this process. That includes understanding what California domestic violence restraining orders are and how they work.
What Is a Restraining Order?
Often called a protective order, a restraining order is an order issued by the court to prevent a specific person from causing harm, harassment, or abuse to another person. It is possible to obtain a protective order against a spouse, child, ex, someone living in the home, family members, or others.
A restraining order will provide specific requirements for what to occur. This may include a “stay away” order in which the person is not allowed to come within a specific area of the victim. It may also include a “move out” order, which requires a person to leave the property. The details of the situation will be used to define the specifics of any specific domestic violence restraining order.
Will a Restraining Order Force a Person from Their Home?
The law allows for a judge to issue a move-out order, which could require a person to leave the property. This may be done in situations where there is the risk of harassment or harm to the party. If the protected party, noted as the victim, is sharing the home with the restrained person, it can prove to be critical for this action to take place to protect the victim.
How Long Do Restraining Orders Remain in Place?
Typically, restraining orders will have a period of time listed on them. Most do not last longer than five years. Many are three years, but the order could be shorter, such as just a set number of months. A judge will determine what is appropriate based on the specifics of the situation. Hopefully, your attorney will be able to convince the judge to provide you with the length of time requested for the order so you feel safe.
What Happens When a California Domestic Violence Restraining Order Is Violated?
Restraining orders are court orders, which typically means that any violation will result in legal action. Most of the time, this will include being arrested and sent to jail. Fines and ongoing limitations are also likely to occur. Some situations will involve a judge ordering a person to receive treatment or counseling as a component of their release.
If you have a restraining order that has been violated, be sure to call the police immediately. They might be able to arrest the violator within minutes or can track them down and place them under arrest for violating the restraining order.
Call The Martin Family Law Group to schedule a free consultation when in need of a domestic violence restraining order in California.