23 March 2011 0 Comments

What is a domestic violence restraining order?

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Domestic violence is threatened or actual abuse from someone you share a close relationship with.  The Domestic Violence Prevention Act is designed to protect individuals, including children under 18 years old, who live with you from actual or threatened violence, which includes, but is not limited to, physical injuries, battery, sexual assault, harassment, stalking, and destruction of personal property.

A Domestic Violence Restraining Order is civil court order signed by a judge.  It offers legal protection from an abuser for both men and women victims.  If the abuser violates it, he or she will face serious legal consequences.

There are several types of protective orders that can be requested, which include an Emergency Protective Order, Temporary Restraining Order or a Restraining Order after a hearing has been held. 

An Emergency order can be obtained if a police officer calls a judge after responding to a domestic violence call at your home.  It lasts between 5 business days or 7 calendar days.  The person is required to leave the home and stay home from you and your children.  A Temporary order will last for up to 15 days.  A Restraining order after the hearing can last up to 5 years and can be extended for another 5 years.

If you are involved in a domestic violence situation and need to get your abuser away from you, contact an experienced Riverside County Family Law attorney who will set you on the road to safety and a new start.  He or she will help you get the protective order that is best for you and your children.

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