When any relationship becomes violent or presents some form of danger, the victim can usually face feelings of confusions and indecision. Whether you are a victim or simply a person who is seeking to stay informed, it is important to know what forms of legal assistance are available to you in these situations. This article will highlight important elements with regard to filing a restraining order in the State of California, an urgent form of legal relief that serves to protect victims.
Domestic Violence: Statistic Reports
According to a study conducted by the U.S. Department of Housing and Urban Development, domestic assault is a major contributor to homelessness in the United States. If you are a victim of domestic abuse, you may want to consider filing a restraining order in order to give you the legal protection you deserve.
What is a Restraining Order and How Can It Help You?
A restraining order is a court ordered form that prohibits an accused abuser from engaging in specific behavior against the protected individual.
Abusive behavior, interpreted under a restraining order can include the following behaviors:
- Excessive contact such as emails, text messages, phone calls, and/or social media interaction.
- Physical abuse
- Sexual Misconduct toward the protected individual
- Verbal threats of violence
- Physical threats of violence
- Damage to property
- Other inappropriate forms of behavior
Different Forms of Restraining Orders
When it comes to restraining orders, there are three essential forms of prohibitions. These are:
- Restraints placed on personal conduct,
- Stay away orders, and
- Residence exclusion orders (property control)
If you or someone you know is in need of a restraining order, it can be highly beneficial to seek the legal support of a qualified attorney. Filing a restraining order in the State of California can be a complex and stressful process; obtain the support of a knowledgeable attorney who can help you navigate through the court system.
Personal Conduct Orders
A personal conduct order will prevent the restrained individual from acting on behaviors directed at the protected individual. By placing this type of order, the court will forbid the restrained individual from acting out abusive behaviors.
Stay Away Orders
Under a stay away order, the court will dictate that the restrained individual stay away from the protected individual. Under this order, the accused will typically be forbidden from coming close to a victim’s home, work, school, and vehicle.
Residence Exclusion Orders
If the victim and the accused share a residence, these types of orders will demand that the restrained party vacate the shared residence. Typically, these types of legal reliefs will be reserved for domestic abuse situations.
The Bottom Line: Seek Legal Support
When a person is a victim of domestic abuse, it is common that the victim will undergo tremendous stress and confusion. If you are a victim, seek the aid of a skilled attorney who can fight for your legal rights and help you obtain the peace of mind you deserve.