Santa Barbara Protection from Abuse Lawyer
Abuse is a problem that often stays out of the spotlight. Because of this, many victims of abuse are afraid to ask for help for fear that they will not be believed or that they will not be able to get the help they need. In many cases, you can ask for a restraining order or protective order on your own, but if you need help seeking protection from abuse, call the attorneys at the Law Offices of Bamieh and De Smeth today.
Our Santa Barbara protection from abuse lawyers can help you seek a protective order or restraining order to keep an abuser away from you, force them out of your house, or stop them from bothering you at work. If you are in immediate danger, call the police. For additional help filing a restraining order, call our law offices today at (805) 643-5555.
Types of Restraining Orders in California
Restraining orders for protection from abuse, also called protective orders or orders of protection, are commonly given out to people who fear for their safety or require protection from an abuser. Most petitions for a restraining order are filed against domestic partners or romantic partners, but they can also be filed against other adults in your household who abuse you, especially in the case of elder abuse, or against stalkers and harassers. There are multiple types of restraining orders that cover different areas and protect petitioners differently.
Restraining orders can be filed for three different purposes or goals. In many cases, you can request an order that has features of more than one of these orders. Most of the information about these types of orders comes directly from the California Courts website.
Personal Conduct Orders
Although many of the actions taken to harass or abuse others are already illegal, personal conduct orders choose specific conduct the respondent must refrain from. Sometimes this includes legal conduct, like calling you on the phone, or conduct that is already illegal, like attacking or threatening you. These orders add additional penalties for people who violate them and set a clear line not to cross.
Stay Away Orders
This is what people commonly think of when they think of a restraining order. These orders keep the respondent from coming within a certain number of feet of you, your school, your workplace, your family, or other people and places. Keeping your abuser away is an excellent way to prevent abuse.
Kick Out/Move Out Orders
These orders tell a member of your household to leave the house. Sometimes they are issued on a temporary basis, but they can be extended in the case of a divorce or permanent separation. These are commonly filed against domestic partners, but they can be filed in cases where an adult is dependent on another household member, such as in cases of elder abuse or care for a disabled adult.
Who Can Get a Protective Order in California?
Some states only permit protective orders against adults in your household, romantic partners you cohabitate with, or former dating partners. California is broad and allows some types of restraining orders against abusers and stalkers who may not be that closely connected to you. The California Courts website also discusses these various protections and who they are available to.
The strongest protects are available against romantic partners living in your household. Domestic violence restraining orders can be kick out orders, stay away orders, or personal conduct orders used to protect you, your children, and other members of your household from a boyfriend, girlfriend, husband, wife, or another romantic partner.
Domestic violence restraining orders can also be filed against other household adults in your family, such as parents, adult children, or siblings. They cannot, however, be filed against mere roommates.
Elderly adults or disabled adults who rely upon the care of a household member or adult child can seek elder abuse restraining orders instead, which have special protections for these individuals.
If you are being harassed, stalked, or fear for your safety from someone else outside of your household, you may be able to seek a stay away order or personal conduct order to help you. These orders may apply to friends, acquaintances, or even total strangers, but they cannot apply to former dating partners or others you were romantically involved with. Orders against those individuals should be handled as domestic violence orders instead.
While the victim of abuse, harassment, or fear must usually be the one to file for a protective order, the order might extend to other individuals. Your family, your home, your roommates, and your co-workers may also be protected under the terms of certain protective orders. Your employer may also be able to seek a workplace violence restraining order to help you if you are being harassed or stalked at work or were the victim of workplace violence.
Contact Our Santa Barbara Restraining Order and Protective Order Lawyers Today
The Santa Barbara protection from abuse attorneys at the Law Offices of Bamieh and De Smeth work to help victims of physical and sexual abuse seek restraining orders against their abusers. If you or someone you know is afraid and needs help filing for a restraining order, contact our law offices online today or call us at (805) 643-5555. If you are in immediate danger, call the police.