In the State of California, restraining orders are issued by courts to prevent specific people from abusing, harassing, threatening, or stalking another individual. Restraining orders can be issued whether or not the victim of domestic abuse is married to his or her aggressor. To obtain a restraining order, discussing the case with a qualified and attentive family law attorney is greatly recommended. The Southern California attorneys at RM Law Group, LLP can help.
The family law attorneys at RM Law Group, LLP in Southern California have proudly represented hundreds of clients in a variety of sensitive family law matters. If you believe you are in need of a restraining order or would like to learn more about your rights, consider discussing your legal options with the RM Law Group, LLP to ensure the best legal strategy is identified for your unique situation. Call RM Law Group at (888) 765-2902 to schedule your free consultation today.
California Family Code §6211 – Domestic Violence
A person seeking a restraining order because of domestic violence will need to fall into one of the following categories, as described in the state’s Family Code §6211: Spouse of the accused, Former spouse of the accused, Cohabitant or former cohabitant of the accused, Dating or engaged to the accused, Sharing a biological child with the perpetrator, A child of an involved party, or A blood relative of the accused.
When the victim does not fit into any of the aforementioned categories, a harassment restraining order can be pursued.
The Benefits of Obtaining Legal Protection Through a Restraining Order
There is a common misconception that restraining orders are pointless and they do nothing more than further upset the perpetrator. Understandably, victims will not want to further upset their aggressors, but it is important to understand that a restraining order can deter further harassment. When the aggressor becomes aware of the potential of getting into legal trouble as a result of the restraining order, the aggressor can be successfully discouraged.
The Four Types of Restraining Orders
The State of California recognizes the following types of protective orders:
Emergency Protective Orders – Victims of domestic violence can obtain this form of restraining order immediately when a dangerous and otherwise threatening situation is present. Emergency protective orders are usually valid for only a few days, which is enough for the victim to obtain a permanent order.
Domestic Violence Temporary Restraining Orders – These types of restraining orders are usually effective for a number of weeks. Once obtained, a date will be set for both parties to attend a court hearing for a permanent order to be set, which can last for up to five years in the state of California.
Civil Harassment Restraining Orders – Civil harassment restraining orders are issued to stop the perpetrator from stalking, threatening, or harassing the victim. These orders can be issued against co-workers, roommates, the current partner of an ex-spouse or partner, or even a neighbor.
Criminal Protective Orders – These orders are issued when there is an active case of domestic violence. Instead of getting obtained from a family law court, these orders are instead obtained from a criminal court. Criminal protective orders also involve the investigations of a district attorney.
Contact a Well-Versed Attorney for Support
When pursuing a retaining order, it is important to seek the support of a family law attorney to discuss the details of the case. Any situation that involves harassment and/or domestic violence demands immediate legal support.
The family law attorneys at RM Law Group, LLP help clients who find themselves dealing with difficult family law matters. To learn more about what the RM Law Group, LLP can do for you, consider scheduling a free initial consultation with the firm by calling (888) 765-2902 today.