A restraining order is used by domestic violence victims to protect themselves from further harm. If a restrained person violates a domestic violence restraining order, protected parties are allowed to contact law enforcement and have the restrained person arrested.
There are various types of protective orders, but the two main types are temporary restraining orders and permanent restraining orders. Depending on the circumstances of the case, a protected person may require one restraining order or the other, or even both.
Also sometimes referred to as an emergency protective order, this type of restraining order is available for only a short period of time, lasting for only a few weeks until a court hearing for a permanent restraining order takes place. The level of evidence necessary to obtain such a court order is extremely low.
All that the petitioner must do is allege that abuse or harassment has occurred and the restrained person will likely do it again if the temporary restraining order is not imposed.
The written order will disclose the court hearing date in order to determine whether or not to elevate the temporary restraining order to permanent or extend the validity of the temporary order.
A permanent restraining order can last for one to several years, and even up to the rest of the perpetrator’s life depending on the circumstances of the case.
The petitioner is required to back up their allegations with clear, conclusive evidence of physical abuse, harassment, or threats (i.e. text messages, e-mails, photographs, and other forms of concrete evidence that supports the petitioner’s claims).
A permanent restraining order may include various provisions, such as prohibiting the restrained person from contacting the petitioner, ordering the abuser to stay a specific number of feet or yards away from the petitioner, and forcing them to move a if the abuser lives with the petitioner.
In California, a permanent restraining order hearing is required in order for a temporary restraining order to be lengthened or made permanent. During a permanent restraining order hearing, the respondent (the subject of the temporary restraining order) will have a chance to argue against the restraining order.
If you are experiencing any form of domestic violence in San Diego, our experienced legal team at Cage & Miles, LLP is committed to ensuring your safety and protecting your well-being.
We can guide you through the process of obtaining a domestic violence restraining order and put a stop to the abuse you are suffering.
Contact us and speak with our San Diego family law attorneys for more information today.