Domestic Violence Restraining Orders

Domestic violence can happen to anyone and be committed by anyone, regardless of sex, gender, race and financial circumstances. Domestic violence refers to purposely abusing someone physically, emotionally, mentally, verbally, sexually and economically, and usually occurs between intimate partners or household members. Abusers often try to isolate their victim from family and friends so it’s harder for the victim to escape.

If you are a victim of domestic violence and need a restraining order in Carlsbad, CA, contacting an attorney can help. Read on to learn more about restraining orders and how they can protect victims.

What is a restraining order?

Restraining orders are legal documents, issued by the court, that order an abuser to stop certain activities or stay a certain distance away from the victim. Depending on the type of abuse involved, the restraining order may have different provisions and restrictions. For example, they may be forced to stop contacting the victim, to stay a certain distance away, to move out of the victim’s home or even give sole custody of any children to the victim.

There are three major types of restraining orders in domestic violence cases in Carlsbad, CA: emergency orders (which usually expire within five days), temporary restraining orders (which last until there is a hearing in front of a judge, which is either extended or dismissed) and domestic violence restraining orders (which are granted after a hearing). The latter type usually lasts a much longer time, if granted, because the accused has had a chance to defend themselves to the judge. If the judge still grants the order, it is presumed that there is legal precedent for doing so.

Depending on your state and county, the procedure for filing a restraining order may be different. You can work with an attorney if you need assistance, you can call a domestic violence shelter or hotline or you may be able to apply for one yourself. Most importantly, if you are in immediate danger, call 911—after the danger has passed, the police or an attorney will guide you through the application process, but your safety is the most important factor.

You can ask for a restraining order in California if a person has abused or has threatened to abuse you, and you have a close relationship with that person. You can be married, domestic partners, living together or otherwise related. Children 12 and older can file for their own restraining orders, or you can file one on their behalf as their parent.

What if my domestic violence restraining order is denied?

Your restraining order may be denied if you don’t meet the legal criteria for domestic violence. However, you might be able to get a restraining order for workplace violence and harassment, elder abuse or a civil harassment restraining order. These types of restraining orders help keep non-intimate-partners or related abusers away from you in certain situations.

To get help with your domestic violence restraining order in Carlsbad, CA, call Gregory S. Hood, Attorney at Law, P.C. for a consultation today.

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