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What Is A Restraining Order & How To Get One

October 21, 2020/in Family Law, Personal /by Riley Pennington

Nobody should have to live in constant fear of another person. Yet physical or emotional abuse is not uncommon, and many people are often left unsure of how to protect themselves. Fortunately, there are legal processes that can protect you from having to deal with harassment, abuse, or being stalked. If you are fearful for your or your loved ones’ safety, then it is essential that you know how to get a restraining order, which is the first legal step in protecting your safety.

A restraining order(RO) is a legal order that a protected person can file against the restrained person in order to prevent them from taking harmful actions towards the protected person. The protected person may also name other people such as their children or relatives to be protected as well.

Before filing a restraining order, it is important to determine what you want the restrained person to be prohibited from doing. There are three types of restrictions that may be placed on a restrained person. A person may file for all three types of restrictions, depending on the severity of the abusive relationship.

  • Personal conduct orders are restraining orders that forbid the restrained person from committing acts against the protected person such as:
    • Contacting, calling, or sending any type of digital communication
    • Stalking or harassing
    • Threatening
    • Sexual assault
    • Physical attacks
    • Destroying the property of the protected person(s)
    • Disturbing the peace of the person(s)
  • Stay-away orders are restraining orders that prevent the restrained person from entering within a specified physical distance of the protected person. The protected area can include places such as:
    • The home and workplace of the protected person
    • The protected person’s vehicle
    • The protected person’s child’s daycare facility
    • Other essential areas that the protected person frequents
  • Residence exclusion orders, also known as “kick-out” or “move-out” orders, order the restrained person to move away from the place of residence of the protected person. A residence exclusion order can only be ordered if the restrained person lives with the protected person(s).

How to Get a Restraining Order(RO)

Before filing a restraining order in California, you need to determine which type of RO you need. The type of restraining order depends on the nature of the relationship with the restrained person. You must select one of the four of the following types of restraining orders when filing. 

  •  A domestic abuse RO, which protects people who are living with or closely related to the abuser such as a spouse, parent, sibling, grandparent, or someone who the protected person is dating or has children with
  • A civil harassment RO, which protects people that the victim is not closely related to (an aunt or cousin) and other non-relatives such as friends, coworkers, or any other person.
  • An elder or dependent abuse RO, which protects adults who are dependent on the person committing abuse
  • A workplace violence RO, which is a restraining order that an employer can file in order to protect an employee from harm. It is important to note that only the employer can file this type of restraining order. The employee who is the victim may file a civil harassment RO.

In order to get a restraining order in California, you or your restraining order attorney must complete and file the legal court documents to begin the RO process. When you file the paperwork you should bring legal identification and any paperwork related to the restraining order such as past filings or paperwork associated with an emergency protective order. 

A person in a pink shirt sits in an office with an attorney as they work on how to get a restraining order

Once the documents are complete, you must file the paperwork with the courthouse. In Santa Clara County, Domestic violence restraining orders are free, as well as civil harassment restraining orders if an act of violence has occurred. However, if no acts of violence have occurred, then there will be a fee for filing the civil harassment restraining order. If your income is low, you may want to bring pay stubs so that you may qualify for a fee waiver.

Once the paperwork is filed, a temporary restraining order may be granted until the date of the court hearing. During the court hearing, the judge will review the evidence and determine if further protection is necessary. The judge may grant protection for up to five years, at which point the protected person may file for a new restraining order. 

There are incidences, however, in which the protected person is in danger and needs immediate protection. If you face an immediate threat to your safety, you may call the police to help remove the restrained person from your vicinity. The police may then file an emergency protective order which lasts for five to seven days, allowing you or your lawyer the time to file a temporary restraining order at the courthouse.

If you live in San Jose or the surrounding Bay Area and need help acquiring a domestic violence restraining order, contact one of our experienced attorneys today. We offer free 30 minute consultations. Set yours up here. 

https://www.lpeplaw.com/wp-content/uploads/2020/10/womanneedsrestrainingorder.jpeg 600 900 Riley Pennington https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Riley Pennington2020-10-21 16:49:542021-12-22 19:50:45What Is A Restraining Order & How To Get One

How To Help A Loved One Experiencing Domestic Violence

October 7, 2020/in Family Law, Personal /by Virginia Lively

Millions of Americans are the victims of domestic abuse yearly. It’s likely that you have either faced it yourself or have a loved one who has. But what about your loved ones who are currently experiencing violence? How do you help them? If you’re noticing signs of domestic violence, or if your loved one has confided in you, there are steps you can take to help. Learn what you can do from an experienced domestic violence lawyer.

Signs of Domestic Violence

If you suspect that your friend or family member is experiencing domestic violence, there are some signs you can look for. Some are more obvious than others. You might notice…

  • Their partner or family member shows signs of possessiveness or a controlling nature
  • Their self-esteem and self-worth has taken a nosedive since entering the relationship
  • Their partner is excessively jealous
  • Their partner yells at or humiliates them frequently
  • They frequently have bruises or other injuries 
  • They no longer have time to spend with friends or family, or people other than their partner (Abusers work to isolate their victims from a support system as a way of trapping them).

This is just the tip of the iceberg when it comes to warning signs of domestic abuse. If your loved one hasn’t confided in you that they are being abused, there are certain ways to handle the situation, and it must be done delicately. 

Supporting Your Loved One

Your first instinct may be to get the help of the police or a domestic violence lawyer. While this is necessary in the eventual resolution of the situation, this isn’t always the right, first step. Often, many victims of domestic violence are not ready to confront the fact that they are victims. They may have a lot of shame around the situation, and abusers often make their victims feel that they are at fault for their own abuse.

Don’t begin by telling them they are being abused and how they should handle it, although this may be your first instinct. Instead, start by expressing concern in a safe, private place away from the abuser. Listen to and support your loved one, and believe what they have to say. Do not be judgemental in any way. You need to validate them and remind them that they do not deserve to be hurt and that they are not to blame. That is so important, as they may feel it is their fault. Work to build up their self-esteem by reminding them of their worth and all of their positive qualities. For them to take the first steps towards leaving the situation, they need to believe they deserve to leave. Help them rebuild a support system. Abusers work to actively isolate their victims and drive their loved ones away so as to maintain control over their victim. By encouraging and helping your loved one rebuild those connections, you are building a strong foundation to support them when they leave. Ultimately, you need to put the power in your loved one’s hands. You need to remind them that they are strong and that they call the shots. Reminding them of their power can lead to the eventual will power they need to stand up for themselves and leave an abusive situation. 

Getting Help

When your friend or family member has decided that they are ready to take the next step in leaving a bad situation, you should have the resources to help them. You want to know what to do ahead of time so that you can get them out of the situation as quickly as possible and as safely as possible. You will want the number of your local domestic violence helpline. You will also need to reach out to them ahead of time to learn about resources they have to offer. 

A spouse in a white shirt holds their ring and cries into their hands. They're meeting with a domestic violence lawyer

You may also want to have the contact number of a domestic violence lawyer who can help in setting up a DVRO (domestic violence restraining order). They can also assist in pressing charges. You want an attorney who has extensive experience in the field of domestic violence, and who can handle the case delicately and discreetly. If your loved one is married to their abuser, a domestic violence lawyer can also aid in divorce litigation – especially if children are involved. In these matters, where there is a lot of hostility, you need an aggressive attorney who can work tirelessly to get justice for your loved one and their children, and to safely extricate them from a violent situation.

Courts tend to favor the interests of the abused spouse, and typically take accusations of abuse very seriously, especially if children are involved. If you have questions about what qualifies as domestic abuse in a court of law, and what your next steps should be in helping your friend, there are a couple resources you can use…

Domestic Abuse Intervention Services

Help a Loved One or Friend

National Domestic Violence Hotline

https://www.thehotline.org/help/help-for-friends-and-family/

LPEP Law – Domestic Violence Lawyer

https://www.lpeplaw.com/family-law/domestic-violence/

If you are based in or around San Jose, you can set up a free 30-minute consultation with one of our domestic violence attorneys here.  We believe victims and actively work to create a safer, healthier life for victims and their children. 

https://www.lpeplaw.com/wp-content/uploads/2020/10/domestic-violence-help.jpeg 656 900 Virginia Lively https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Virginia Lively2020-10-07 15:13:372021-12-22 19:50:57How To Help A Loved One Experiencing Domestic Violence
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Located in San Jose, Lonich Patton Ehrlich Policastri handles matters for clients in northern California, specifically San Jose and Silicon Valley. Our services are available to anyone within the following counties: Santa Clara, San Mateo, Contra Costa, Santa Cruz, Monterey, and San Benito. For a full listing of areas where we practice, please click here.

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