How Protective Orders Are Different Than Restraining Orders
It is crucial for a person who has been harmed by
domestic violence, or has reason to believe they could be harmed by it eventually, to seek
help and get some space between them and the offender. In California,
there are two common solutions:
restraining orders and emergency protective orders (EPO). Depending on the unique situation a person is facing, they may require
one or the other, or possibly even both.
To determine which one you need, it helps to know the differences between them:
How to File a Restraining Order in CA
A judge or an authorized family law court can accept and approve filings
for restraining orders from those who have been abused by domestic violence.
The process begins with the issuance of a temporary restraining order but
it may become permanent if the court is convinced of its necessity; a
court date will be set to determine whether or not to issue a permanent
restraining order, and the accused may be there to defend themselves.
A restraining order will generally bar the offender from going to certain
places at certain times, to maintain a minimum distance from the accuser,
to leave their shared home, turn in any guns until the case concludes,
spousal support or
child support orders.
How to Get an Emergency Protective Order in CA
When a law enforcement officer witnesses domestic violence or can clearly
see evidence of it after responding to a call, they can remove the abused
individual from the situation and immediately request an emergency protective
order from a judge.
An emergency protective order (EPO) uses the same physical and territorial
stipulations as a restraining order, but only persists for a few days
at most. If it is shown that the officer made the right call and there
was the threat or presence of domestic violence, then a court hearing
will be scheduled the date the EPO expires. During this hearing, a judge
will decide how to extend the EPO into a restraining order and what that
order should control.
Help for Both Sides of the Issue
Restraining orders and emergency protection orders are part of a delicate
and sensitive legal process, for there are two sides to every story of
domestic violence. Misunderstandings, exaggerations, and complete fabrications
can be the basis of a domestic violence claim if the accuser is looking
for a fast and effective way to harm the wellbeing of their spouse or
ex-spouse. Of course, many more situations do include real danger, and
the accuser must be protected.
At Hanson, Gorian, Bradford & Hanich, we are highly-experienced when
it comes to
domestic violence cases and have the ability to represent you no matter where you stand.
Our Murrieta criminal defense attorneys can help you if you have been
accused, or our Riverside family lawyers can assist you in filing for
a restraining order. Just call
951.506.6654 for a
free consultation to learn more about our services.