How to Secure a Restraining Order in California
Restraining orders exist to protect individuals’ health and safety in situations that could potentially cause them harm. These types of orders are legally binding, and require court approval and filing in order to be valid. You can work with an attorney to complete the process and ensure that it is properly filed with all necessary agencies. In this post, we discuss what a restraining order can limit, benefits of filing a restraining order, and explore the different types of restraining orders that you can request in the state of California.
What can a restraining order restrict?
Restraining orders are meant to do just that: restrain. When you are protected by a restraining order, you are meant to be protected from a variety of risks between you and the person that you’ve filed the order against. These may include:
● Speaking
● Physical abuse or assault
● Verbal abuse or assault
● Stalking
Restraining orders are also meant to protect you in instances of threatened or perceived violence, in which you do not feel that your right to health and safety would be protected in that relationship. Restraining orders are legally enforceable and binding, and do require a court process to ensure that they are enacted correctly. The process for these orders may vary depending on the laws of your state. An attorney can help you to successfully navigate this and file on your behalf.
What are the benefits of filing a restraining order in the state of California?
No one is ever in a position to where they will want to file a restraining order. It should never be filed frivolously, and should only be used if you feel that you are in physical or mental endangerment due to the volatility and hostile behavior of another person. When you file a restraining order, there are certain benefits that you can expect:
● Incentive not to violate the order on behalf of the aggressor. The person whom you’ve filed against is likely to be deterred from pursuing further action or harm against you, as there are severe consequences in the state of California for those who violate this court-mandated order.
● Heightened sense of security in your environment. If you are a victim of domestic violence, abuse, or some other unsavory situation, taking this step to reclaim your power and autonomy while protecting yourself can help you to feel secure. You are also creating a record and paper trail of the incidents, which can be helpful to reference by the court as your case continues.
● Physical safety from assault. Restraining orders can help to protect you from physical assault or other forms of abuse due to their legally binding nature.
● Enhanced peace of mind. Often, you can have the restraining order restrict the abuser or assailant from contacting you in any way: fax, email, phone, or using any other alternative method. This can bring you peace and newfound freedom from persistent verbal abuse and outbursts.
● Freedom to live your professional and personal life. Restraining orders can require the aggressor to stay away from your home, school, and work, offering you enhanced feeling of security and freedom while living your daily life.
Different types of restraining orders recognized in the state of California
Due to the severity of the accusation and depth of the legal process, it is important to be as nuanced and specific as possible when considering filing for a restraining order in the state of California. Below, we’ve compiled a list of different types of restraining orders that you can consider, allowing you to pick the most appropriate one that suits the details of your case.
Domestic violence restraining order (DVRO)
Domestic Violence Restraining Orders, otherwise known as DVROs in the court of law, may be filed against your partner or spouse — even if you are no longer married or together. You may also file them against ex-partners, partners you’ve had a child with, or a roommate that shares your space.
The misconception that is most prevalent with DVROs is the thought that the abuse or allegation of harassment must be extremely recent or prevalent in order to result in the approval of a DVRO against that person. This is untrue, and a judge may use their best judgment to determine if a DVRO is appropriate in your case given the nature and details of your relationship and the allegations of harassment.
Civil harassment restraining order
Civili Harassment Restraining Orders, or CHROs, apply more to members of the general public rather than individuals that you’ve had a romantic relationship with. Most commonly, they will be friends or neighbors that have threatened to abuse you or cause you bodily harm. You may also choose to file for a CHRO in the event of severe and intentional annoyance and harassment.
If you are in need of a Restraining Order to protect yourself, schedule a free consultation with an attorney at Arete Law A.P.C..