When Should I Get A Restraining Order?October 21, 2021
California restraining orders are issued by courts to protect individuals from injury or physical harm, as well as the threat of abuse, injury, or harassment from others. If you want to have a restraining order issued against a family member, household member, or against someone whose behavior endangers you, then you need to know where the person lives or works. It is not a requirement under California law for a person filing a restraining order to be married to or in a relationship with the restrained person.
The attorneys at Bamieh and De Smeth in Ventura, California, can help you if you are a victim of domestic violence or abuse who wants to file a restraining order to protect yourself and your loved ones.
Two Types of No-Contact Court Orders
Two types of court orders stop an individual from having physical or communicative contact with the person requesting the order. These are criminal protective orders and restraining orders. A restraining order is a civil action and is not dependent on a criminal case. Restraining orders may happen simultaneously with a criminal case, such as domestic violence cases, but this is not necessary.
Criminal protective orders commonly play a role in criminal cases to protect crime victims or witnesses in the case from harm. California law relating to restraining orders can be complicated, and you are advised to speak to a Ventura attorney regarding every aspect of the restraining order process.
Restraining Orders in California
An individual can file four types of restraining orders in the state of California. The four types of restraining orders are as follows:
- Civil harassment restraining order
- Criminal protective order
- Temporary restraining order
- Emergency protective order
A civil harassment restraining order stops harassment committed by a specific person and is used to stop stalking and harassing behaviors. A criminal protective order is issued by the district attorney’s office, and the offending individual is ordered by the court to have no contact with a particular victim or witness. A temporary restraining order is effective for three weeks and is often used during domestic violence cases. Lastly, an emergency protective order is obtained by law enforcement and is effective for five days when there is a perceived threat of domestic violence.
When Should I File A Restraining Order?
If you are in danger of being physically harmed by the erratic, abusive, and threatening behavior of another individual, then you should file a restraining order against that person. You should do this to protect yourself and to create documentary evidence that you tried to separate yourself from the abusive individual.
Contact a Ventura Restraining Order Attorney
A restraining order can give you a sense of security, but it is recommended that you seek legal representation to protect your legal rights and make sure that the restrained individual cannot harm you in any way whatsoever. Contact Bamieh & De Smeth today to schedule a free consultation during which we can discuss the facts of your case and advise on how to begin filing a restraining order.