A resident of California who is being harassed, threatened, sexually or physically abused or stalked may find that taking out a protective order is one way to try to keep the person responsible at a safe distance. Protective orders can be taken out against a variety of individuals, including family members and those living in the same home.
Many individuals are somewhat familiar with how retraining orders operate. Such an order can be written to keep the subject away from the victim’s workplace, home, vehicle and other frequent locales. It may even be possible for a parent to petition a judge to include a child’s daycare or school in the protective order too.
If both the subject of the restraining order and the victim live in the same home, then a judge may add a residence exclusion order. If so, the alleged perpetrator may be ordered to take their personal belongings and move out of the home until another hearing can be held on the matter. Judges frequently enter these orders in elder abuse and domestic violence cases.
To qualify for a domestic violence restraining order, your situation must meet specific criteria. The subject of the order must generally either be related to you or have been in a relationship with you at some point.
Once a protective order is approved by a California judge, it can keep the restrained individual from doing certain things or going particular places such as seeing their kids or visiting their own home. It can affect a person’s immigration status if they’re not yet a permanent resident and also make it impossible for them to own a gun. Individuals who violate restraining orders may face jail time and hefty fines.
Although it may be easier to prove that you were abused when you have written, audio, video evidence or visible scars, you don’t have to wait until things have escalated so far out of hand before seeking out a restraining order. An attorney with experience handling domestic violence issues can advise you how you can take steps to protect your family through orders of restriction before things get that far out of control.