When Should You Seek Domestic Violence Restraining Orders?

Restraining orders can protect you and your children from further abuse and even close contact with the restrained person, providing you with the space that you need to rebuild your life. However, you need to follow the proper procedure to get a restraining order from a court, and that includes providing the right evidence. Here are some of the conditions to keep in mind when filing for a restraining order.

What Are Domestic Violence Restraining Orders?

Domestic violence restraining orders are tools that prevent a restrained person, in this case an abuser, from coming in contact with you or your loved ones. In other states, they are sometimes called orders of protection.

These orders restrict a restrained person’s movements by preventing them from coming close to your home, school, place of work, or other important site such as a house of worship. The restrained person also cannot contact you or attempt to see you. Restraining orders are not perfect, and a restrained person can violate them. However, any violation gives you the right to call the police, who can immediately arrest the offender.

Who Can You File a Domestic Violence Restraining Order Against?

To file a domestic violence restraining order, you first need to prove that there is a close relationship between you and the restrained person. The restrained person can be a spouse, partner, or co-parent. You can also file this type of restraining order against someone closely related to you by blood, such as a parent or a sibling.

However, if you cannot prove that the relationship between you and the restrained person is close enough, then the court will not award you this type of restraining order. There are other types of restraining orders that can provide you with protection from harassment, stalking, or violence by a stranger, acquaintance, or distant relative. These orders are called civil harassment restraining orders.

Surviving Abuse

The other precondition for filing a domestic violence restraining order is that you or your dependents were the victim of abuse. The state of California recognizes several types of abuse as valid reasons for filing a restraining order.

Physical Abuse

If your spouse, partner, or close relative ever hit you, then you can file for a restraining order on the basis of abuse. Any kind of physical violence is a valid form of abuse, not just hitting or punching. If your abuser ever pushed you, pulled your hair, threw things at you, or restrained your movements, then that counts as physical abuse as well.

You can file for a restraining order even if you personally were not physically hit. If your abuser hit your children or your pets, that is a form of physical intimidation that is against the law. Even threatening serious bodily harm is a form of abuse, regardless of whether or not your abuser followed through with it.

Sexual Assault

Any form of rape, sexual assault, sexual harassment, and unwanted sexual contact is the basis for a valid domestic violence case and restraining order.

Emotional Abuse

Abuse does not have to take physical form. If someone close to you emotionally or psychologically abused you, that can also be the basis of a restraining order. Emotional abuse can take several different forms. If your spouse or parent ever verbally abused you, threatened you, isolated you, or used emotional threats to coerce you into following their whims, that counts as abuse.

Intimidation

You do not have to wait for things to “get bad” to file a restraining order or acknowledge that you are a survivor of domestic violence. Even if an abuser never follows through on threatening behavior, actions designed to intimidate and make protected persons feel for their safety could all be justification enough to file a restraining order.

Behavior such as stalking, harassment, and threats count as violence and the courts acknowledge the serious impact on your life. Even damage to your physical property, including your home, car, and personal possessions, can be the basis for a restraining order as those are acts designed to intimidate you.

Don’t File Alone

While a restraining order is a valuable legal tool to protect you and your dependents, the process of filing can be difficult to navigate as well as emotionally taxing. One small mistake and you may have to start all over again. The experienced lawyers at WGS Law can advise you at every step of the way, ensuring that your case has the highest chance of succeeding. Schedule a virtual consultation through Zoom today to get started on a life free from threats and abuse.