Every individual deserves a relationship that is free from domestic violence and abuse. If you are in an abusive situation and are unsure of the legal options available to protect you, seeking a domestic violence restraining order can be a valuable place to start. These protective orders can help safeguard you, your children, and your home from further violence, and ensure that your abuser is not able to contact you for any reason.
While the process of filing for a domestic violence protective order can seem intimidating at first, we are here to help guide and support you. At Diaz Law Firm, our compassionate and experienced attorneys will tirelessly advocate for your rights and ensure that you are fully protected under the law. To learn more about how our team can help, consider contacting us at (626) 261-0402 today.
Our Core Values & Practice
Our team is passionate about advocating for the rights of domestic violence victims and other marginalized members of our community. We pride ourselves on being ethical, honest, and transparent in every aspect of our practice, and we bring these standards to every case. We are motivated by our core values, which include:
- Prioritizing equality and seeing each client as a dynamic individual with needs and goals.
- Serving as partners of justice and upholding the ethos of the legal profession.
- Creating peace, not keeping score or seeking vengeance. We strive to see our clients at peace and happy with their decisions and work diligently to nurture this spirit.
- Maintaining healthy self-criticism helps us exceed our potential every day, in every case. We listen to critique and apply new systems and standards to maintain our high quality of legal representation.
If You Need Protection Immediately:
While seeking legal assistance can be an important step in the process of removing yourself from an abusive situation, if your life or safety is in danger, we urge you to seek help as soon as possible. If you require immediate protection from an abusive relative or partner, the following resources are available:
- Call 911 or a local law enforcement agency
- Contact a domestic violence shelter
- Reach out to the National Domestic Violence Hotline at 1-800-799-7233 or via their website
Keep in mind that other people can view your Internet history, and please use discretion when seeking assistance.
California Law & Domestic Violence Restraining Orders
If a person is being subjected to abuse, harassment, or violence by a current/former romantic partner or family member, they may obtain a domestic violence restraining order to prevent the mistreatment. Also known as a domestic violence protective order, these orders can be obtained without cost and will be enforced by the Los Angeles Police Department.
A judge may grant a restraining order to protect an individual, their children, their property, or even their pets. Violating a restraining order can result in criminal charges under Penal Code § 273.6. These charges may include a misdemeanor charge, fines, or up to one year of jail time. Protective orders can be issued for various lengths of time, depending on the situation and the severity of the abuse.
This type of restraining order is specifically used in domestic violence cases, which occur when the abuser and alleged victim are in a close relationship. Legally, “close relationship” refers to a romantic partnership, spouse, co-parent, or immediate relative, such as a parent or child.
The three types of domestic violence restraining orders that are available include:
- Emergency Protection Orders: these are available on a 24-hour basis and are valid for up to five days. In the majority of cases, these protection orders are issued when the victim is in immediate, imminent danger.
- Temporary Restraining Order: valid for a certain, limited period of time. Typically, these orders are valid until the date of the case’s first hearing.
- Permanent Restraining Order: provides protection for up to 5 years. After expiry, it is possible to file for a new restraining order. The original period can be extended by applying to the court for a renewal of the existing orders before it expires. If you missed the deadline, and still need protection, you may file a new request for a new restraining order.
How Can a Domestic Violence Restraining Order Be Helpful?
Restraining orders are an incredibly useful resource in situations where a person is being physically, mentally, or emotionally mistreated. Not only do restraining orders help ensure that the abuse or mistreatment stops, but they also prevent the abuser from contacting the protected party. These protections can make all the difference for a domestic violence victim who is attempting to remove themself from an abusive situation.
What Can a Domestic Violence Protective Order Provide?
The terms of the restraining order depend on the unique circumstances of the case, but the majority of orders include provisions that prohibit the restrained individual from having contact with the protected person. Domestic violence protective orders can be used to stop specific acts such as calling or messaging, they can place limitations on the physical distance that the restrained person can get to the protected person, and they can even order the restrained person to move out of the shared residence. In addition, restraining orders can be used to:
- Order the alleged abuser to give up possession of any guns and firearms
- Pay child and/or spousal support, or other bills
- Return property
- Attend a long-term batterer intervention program
- Gain permission to record communication with the abuser
- Have the abuser move out of your residence
- Among other benefits
Above all, these orders provide protection and peace of mind to individuals who have been subjected to abuse in their households. Your attorney can provide greater detail about the specific protections that a domestic violence restraining order can provide and guide you through the filing process to successfully obtain a protective order for your case.
Contact an Experienced Attorney at Diaz Law Firm Today
If you have experienced domestic violence, you may be feeling afraid and unsure of where to turn for help and support. There is a range of resources available to help domestic violence victims and their families, and getting a domestic violence restraining order can be an important and necessary first step to preventing further mistreatment. At Diaz Law Firm, we are passionate about fighting for the rights of domestic violence victims and their loved ones. To speak with our team about your legal options, consider contacting our Los Angeles office at (626) 261-0402 today.