Orders of Protection
If you are a victim of abuse, harassment, or threats, you may want to seek an order of protection. Orders of protection (also called restraining orders in California) are court orders that protect you from being sexually and physically abused. They also protect you from being stalked, threatened, or harassed.
Orders of protection are common in family court cases involving domestic violence. If your spouse or partner is committing domestic violence, contact our experienced order of protection lawyers at San Diego Divorce Lawyers, APC to discuss a restraining order. Our compassionate legal team is here to help fight for you and your family.
Our San Diego domestic violence lawyers will work with you to obtain protection from violence, abuse, and harassment. Contact or give us a call now at (619) 866-3756 to schedule a consultation with our experienced family law attorneys in San Diego, CA.
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How Our San Diego Family Law Attorney Can Help You With an Order of Protection
Call the police if you are in immediate danger due to a family member’s conduct. Law enforcement officers can remove the family member from your home. However, when the police intervene, the criminal court handles the matter.
You file for an order of protection through civil court. The petition is filed at the clerk of court’s office in Circuit Court in the county you reside. It can be helpful to have a San Diego family lawyer to help you complete the forms to request an order of protection.
When you hire San Diego Divorce Lawyers, APC, you can expect us to:
- Advise you of your legal rights and options to protect yourself from an abusive family member
- Work with you to obtain a court order of protection
- Provide legal advice regarding a divorce, legal separation, child custody, and domestic support
- Explain the steps you need to take to protect yourself and your children from future abuse or harassment
- Work to obtain a permanent restraining order
Obtaining a temporary order of protection is only the first step in protecting yourself. Our San Diego domestic abuse attorneys will argue your case in court to convince the judge that you need a permanent order of protection.
What Are the Four Types of Orders of Protection in California?
When you request an order of protection from the court, you must specify which type of protection you are seeking.
The court may issue an order of protection for one of the following situations:
- Domestic Violence Restraining Order – Protects a person from threats and abuse from a spouse, domestic spouse, partner, or boyfriend/girlfriend.
- Civil Harassment Restraining Order – Protects a person from harassment from co-workers, neighbors, roommates, and extended family members.
- Elder or Dependent Adult Restraining Order – Protects a person who is 65 years or older or a person with a mental or physical disability who may be the victim of neglect or abuse.
- Workplace Restraining Order – Protects employees from violence and threats in the workplace.
In addition to four different restraining orders, there are three levels to each restraining order. Emergency protective orders are commonly issued when a person is the victim of domestic violence. The person requires protection immediately. The order is valid for seven days.
A temporary restraining order may remain in place until the family court case concludes or the court holds a hearing for a permanent restraining order. Permanent restraining orders are issued when the court considers all the facts and finds that the victim needs permanent protection from the other party.
What Does an Order of Protection Accomplish?
An order of protection restrains a person’s activities and rights related to the protected person. The order prohibits the person from engaging in specific conduct.
Generally, an order of protection prohibits an individual from engaging in activities against the victim, including:
- Physical abuse
- Harassment
- Sexual assault
- Touching
- Attacking
- Threatening
- Battering
- Destroying property
- Breaching the peace
Additionally, restraining orders prevent an individual from contacting the victim. Contact includes, but is not limited to, telephone calls, social media, emails, texts, letters, and video calls.
An order of protection may also restrain the alleged abuser from taking other actions.
Standard restrictions included in restraining orders are:
- Owning firearms and other weapons
- Coming within a certain distance of the protected person’s home, work, or school
- Contacting the protected person’s children and family members
- Changing life insurance policies
- Making large purchases with marital assets
When parties live in the same house, the order may require the alleged abuser to move out of the home. The order may also prohibit them from removing certain items from the home until the court holds a final hearing.
What Happens if Someone Violates a Restraining Order?
If the alleged abuser violates the terms of the protective order, they may face severe penalties. For example, the judge could sentence the person to serve time in jail and/or supervised probation. The judge may also order the person to pay a fine, make restitution payments to the victim, and attend mandatory counseling.
Violating an order of protection a second time within 12 months could result in a felony charge. The person may receive up to three years in prison and probation, in addition to fines and other penalties.
Contact a San Diego Family Law Attorney For Assistance With An Order of Protection
If you are a victim of domestic abuse, we encourage you to get help immediately. We understand that it’s a difficult and scary time for you. We’re here to help. Contact our office to schedule a time to discuss your situation with an experienced San Diego domestic violence attorney.
