Ventura Protection from Abuse Lawyer
If you live in the Ventura, California area, and you are worried that your spouse or former romantic partner poses a danger to you or your child’s safety, the family law attorneys of Bamieh & De Smeth may be able to help you get a restraining order, or “protective order,” against your husband, ex-husband, wife, ex-wife, domestic partner, former domestic partner, boyfriend, ex-boyfriend, girlfriend, or ex-girlfriend. A restraining order has the power to prevent a stalker or abuser from contacting you, following you, threatening you, or harming you. If the subject violates the restraining order, he or she can be sent to jail and heavily fined by the court.
No one should have to live in fear for their personal safety or that of their loved ones. If your spouse, domestic partner, or former partner has stalked you, threatened you, or made you feel unsafe, our Ventura lawyers for abuse victims can move swiftly to protect you. If you think you are in immediate danger, call 9-1-1. If you are not in an emergency situation, contact The Law Offices of Bamieh & De Smeth, PLC at (805) 643-5555 for a free and completely confidential legal consultation about how to file a restraining order in California.
How Do You Get a Restraining Order in California?
You can seek a Domestic Violence Restraining Order if actual, attempted, or threatened abuse has caused you to fear that you or your child could be hurt, stalked, sexually abused, or kidnapped/abducted by a:
- Cohabitant (Household Member)
- Domestic Partner
There are three types of Domestic Abuse Restraining Orders in California, depending on the situation:
- Emergency Protective Orders (EPOs) – An EPO, which is also called an “ex parte” order, can be issued almost immediately. To get an EPO, contact the Ventura Police Department. The police will take care of contacting a local judge called a “magistrate,” who is on call 24 hours a day, on your behalf. An EPO is only good for five to seven days, at which point the EPO will expire. When the EPO expires, you can seek a temporary restraining order (TRO) or permanent restraining order (PRO) for additional protection. As the name implies, EPOs are for emergency situations only. That means there must be an existing or immediate danger. There is no fee to get an EPO.
- Domestic Violence Temporary Restraining Orders (DV-TROs) – To get a DV-TRO, you must complete several legal documents, which your attorney will file in court for you. The court will make a decision within 24 hours, sometimes even sooner, as to whether the DV-TRO should be granted. If granted, the DV-TRO will remain in effect for up to 25 days, or until the date on which your hearing is scheduled. The subject of the restraining order must be served with papers, but you do not have to do this yourself. In fact, you are not permitted to serve the papers yourself. They must be served by another person, who must be at least 18 years old. Your abuse protection lawyer will handle filing a “Proof of Service,” which is a form proving that papers were served on the subject of the DV-TRO. The purpose of serving the papers is to inform the recipient of the upcoming hearing.
- Permanent Restraining Orders (PROs) – A permanent restraining order is not actually permanent, but does provide long-term protection from abuse. A PRO lasts for five years in Ventura County.
There is normally a court filing fee of $355 to get a restraining order in Ventura County. However, the fee will be waived if:
- You have been stalked.
- You have been subjected to violence.
- You have financial hardship.
How a Restraining Order Provides Protection from Abuse
A restraining order has broad powers to protect adults and children from domestic violence and spousal abuse. A restraining order for domestic violence can require the subject of the order, called the “restrained person,” to:
- Avoid all contact with you, your children, your family members, your roommates, and even your pets.
- Avoid making any changes to your insurance policies.
- Avoid your house, school, and/or workplace.
- Complete a mandatory yearlong program for abusers.
- Not own or possess a gun.
- Pay child support and/or alimony/spousal support/partner support (if the restrained person is your spouse or domestic partner).
- Relinquish or give back property.
Additionally, a restraining order can give you control over a cell phone number and cell phone account. It can also stop the restrained person from racking up large expenses that would affect your property.
Your restraining order will remain valid if you move out of California in the future, provided the order has not expired. When you move to your new home, notify local law enforcement of the protective order as soon as possible. Your new town’s police department will let you know if any further action is required.
Ventura Restraining Order Attorneys for Victims of Domestic Violence
No one should be followed, intimidated, terrorized, or subjected to violence – especially not in what should be the safety and privacy of their own home. If you are afraid for your personal safety, or for the safety of your son or daughter, a restraining order can offer protection from the abuser and give you peace of mind that you are in a safer, more stable environment.
Help is available if you or your child has been the victim of abuse, harassment, stalking, sexual violence, physical violence, or molestation. If you think that you need a restraining order in Ventura County or Santa Barbara County, the abuse protection attorneys of Bamieh & De Smeth are ready to assist you and answer any questions you may have about the process for getting a restraining order in California.
Our California restraining order lawyers serve residents of Oxnard, Santa Maria, Thousand Oaks, Lompoc, Simi Valley, Goleta, Camarillo, Orcutt, Santa Paula, Isla Vista, and other communities in Santa Barbara and Ventura Counties. For a free and confidential legal consultation, call The Law Offices of Bamieh & De Smeth, PLC at (805) 643-5555.