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Domestic Violence: Orders of Protection and Restraining Orders

Domestic Violence

Restraining Orders

Up until half a century ago, victims of domestic violence had almost no rights. Luckily, this has change, and today, everyone who is experiencing domestic abuse has the right to seek protection and restriction orders. Additionally, everyone charged for domestic violence will face additional criminal charges, and probably end up behind bars if found guilty.
 

So, are you experiencing domestic abuse? Here are your rights and things you should know/do.
 

Consider Emergency Protection Order

Often when the police are involved in solving a domestic violence situation, one of the spouses is usually requested to leave the house. In most cases, it is the abuser. Once this happens, the victim is granted emergency protection order (EPO), which normally lasts for 3 to 7 days. Sometimes, this can be prolonged and last over 2 weeks.
 

Speak with your attorney and learn more about protective orders. If you don’t have an attorney, we highly advise you to get one as soon as possible.
 

Orders of Protection

Every American state has some sort of status for protection order. It is differently called in some countries (in NY it is a protection order; in California it is restriction order, in Florida it is an injunction for protection against domestic violence). It is normally given to victims of domestic violence.
 

Protection order is different from Emergency protection order, as it lasts much, much longer (1 to 5 years). In some extreme cases, it may even last a lifetime. If the victim still feels threatened by the abuser once the protection order is no longer valid, the victim may ask for renewal.

Protection order usually includes the following provisions:

  • No contact provision
  • No Visitation provision
  • Moving out provision
  • Counseling provision
  • Firearms provision
  • Stay away provision
  • Peaceful contact provision

Protection order also includes children, partner and family members. If you have a Child Custody over your children, they are all protected against the abuser. Speak with your attorney to learn more about orders of protection.
 

Restraining Order

Usually, “ex parties” may request a restraining order against their ex-spouses. These orders are issued by court, and once issued they prevent the party from doing certain things.
 

For instance, a party with a restraining order is not allowed to approach the person who asked for a restraining order. They must not come anywhere near the party or any members listed on the restraining order. Domestic violence can be an underlying factor for issuing a restraining order. Speak with your attorney to learn more about orders, and how they are issued in your state.
 

Sometimes, a victim of domestic violence may request a protection or restriction order after a divorce. Going through divorce is stressful enough, and having a skilled attorney to watch over you and your best interests is mandatory.
 

If you are going through Divorce in Thousand Oaks, we encourage you to give us a call. We will do everything in our power to help protect you from the abuser, and ensure that your best interests are represented in court.