What is Domestic Violence and How Do I obtain a Restraining Order – Protective Order?
Restraining orders Domestic Violence Attorney in Orange County explains, in order to obtain a domestic violence restraining order protective order in a family law court the party seeking the order must first show that there is a relationship between the victim and the perpetrator. The California Family Code §6211 defines domestic violence as abuse that is perpetrated against a spouse, former spouse, or domestic partner, a cohabitant or a former cohabitant, or a person with whom you are having a dating relationship, a person with whom the respondent is engaged to or had a child with or abuse against a child and against any other person related to you due to marriage or by blood in the second degree such as a mother in law, father in law, step child, daughter in law or son in law. If such relationship does not exit then a victim must file a civil harassment restraining order in the Superior Court in their area. A civil harassment restraining order is one that is filed against a roommate, co-worker or neighbor.
A restraining order protective order is a court order that can help protect you against further abuse by having the restrained person stay 100 yards away from you, your home, your workplace, your child’s school, your car. It further prohibits the restrained person from contacting you directly or in directly, by phone, or text. The restrained person can be ordered to leave the family home, to turn in any guns or ammunition and can order the restrained person to follow certain visitation orders, pay child and spousal support.
If you are a Domestic Abuse Victim or been accused of Domestic Violence we can help
What is abuse?
Abuse can be to intentionally or recklessly cause or attempt to cause bodily injury, or to place a person in reasonable apprehension of imminent serious bodily injury to themselves or to another person. Abuse can be physical attacks such as striking, pushing, sexual assault, or threats of physical attacks or other harm. Abuse can include stalking, harassing conduct like telephoning, texting, destroying personal property, disturbing the peace or blocking someone’s passage.
A domestic violence restraining order protective order can be obtained in the family law court on an emergency bases or Ex-Parte. The victim of abuse can file either by giving 4-hour notice to the alleged abuser that they will be seeking a temporary restraining order or without giving notice if you can show that giving notice will place you in further danger. In order to obtain relief on an ex-parte or emergency basis the party requesting the relief of the court must show that they have been abused or will suffer immediate harm. If you need protection, you can hire an experienced domestic violence attorney to assist you in obtaining a restraining order in one business day.
If the court grants your petition a temporary restraining order will be issued. A future hearing date will be set within 21 days. At the next hearing the respondent can file a response to your request for restraining order or can chose not to file a response and simply appear at the hearing. If the court finds that domestic violence did occur by a preponderance of the evidence, the court can issue a permanent restraining order for up to five years.
Consult with a restraining orders Domestic Violence Attorney in Orange County CA
To schedule your free consultation with our experienced restraining order protective order Attorneys in Orange County CA regarding your domestic violence, please contact the Family Law Offices of Yanez & Associates. Call now, our staff is standing by 24/7. Or if you prefer, use our online contact form located to your right.
For help with a restraining order contact the Family Law Offices of Yanez & Associates NOW. The firm handles cases in all of Orange and Los Angeles County. Anaheim, Brea, Buena Park, Costa Mesa, Fountain Valley, Fullerton, Laguna Niguel, Lake Forest, Los Alamitos, Mission Viejo, Newport Beach, Orange, Placentia, Santa Ana, Stanton, Tustin, Westminster, Yorba Linda, Garden Grove, Huntington Beach, Irvine, La Habra, La Palma; Laguna Beach is a short list of some of the cities we cover.