It is the most disappointing matter that if someone you have intimate relation starts hurting or threatening you in many serious ways. So definitely you will seek security at the very first instance. You can take restraining orders from the court to protect yourself.
But in California having permanent restraining order will take much time, but it will keep your violator away from you for a longer period. But before receiving that permanent restraining order, you will be needed to have Emergency Protective Order (EPO). The best means of receiving EPO is getting involved in the matters of court with Restraining Order Attorney; he will guide you in all the very best means.
Different Types of Restraining Orders:
In the state of California, you will get to know about four different types of restraining orders which are able to declare by the judge. All the types of restraining orders are dissimilar with each other in scope and duration both, and the purpose of ordering them is also contrasting. Below we have mentioned all four types of restraining orders.
1. Permanent Restraining Orders:
This type of restraining order can only get into action after you have passed the entire session of a court hearing with the judge of California. They will make certain that the violator will stay far away from the violent person for the duration of almost five years and when it gets expire you can issue you again at the end of 5, and it will acquire your time in the court for hearing with the judge of California.
Permanent restraining orders are the lengthiest one granted by the law of California, and they will only deliver to you if the judge will get to know that violator is much serious in threatening you.
2. Temporary Restraining Orders:
Before ensuring the permanent protection to the victim, he will receive temporary restraining orders. For acquiring access to temporary restraining order you are not needed to take the full hearing process of the court, just you will need to submit your official documents to the court for getting restraining orders.
Usually, the duration of a temporary restraining order is less than 30 days; it just ends when just victim or violator both face the judge for the hearing of permanent restraining order. In most of the situation the judge of California with let you know what law will issue you, just temporary restraining order in just one working day or get the full case for contemplation.
3. Emergency Protection Orders:
The most uncomplicated and easy type of restraining order is emergency protection order for domestic violence you can get, but providing ease, it is having an issue too, that it offers the least time of duration for providing protection.
Dissimilar to all the other types of restraining orders any of the enforcement officers of the law can issue you emergency protective order and this type of restraining order for domestic violence just get into action in an immediate manner.
4. Criminal Protective Orders:
After inspecting the most serious and special situation, it might be possible that the court can issue a criminal protective order for protecting the victim against the most threatening domestic violence. The criminal protective order will only be issued when the actions from violator suspected as performing domestic violence as a crime.
Criminal charges will get filed against domestic violator if he will have any previous criminal record or he has harmed the victim in much serious way. This type of order will keep in action until the final verdict come out; it means that it is not having any finishing or expiry date. If the violator feels guilty so this order will still be in action for more three years.
The Need for Emergency Protective Order:
If your domestic partner, your spouse, family member or any other who has an intimate relationship with you has violated you and after that, you just get insecure that you are still in danger so you should definitely seek a law enforcement officer for getting emergency protective orders.
But this type of restraining order is shorter in duration so you should not just depend on it, you should work for a strong protection order from the court. But still, for just a particular period of time, it will provide you protection so that you can feel safe and secure.
Forgetting emergency protective order, the officer of law enforcement will inspect about you that you had been domestically violated. Domestic violence according to the State of California is, deliberate or reckless physical harm or attempted physical harm, sexual assault, threatening behavior that the person begins to feel purposefully insecure and fearful that himself or anyone else can get hurt, harassment, stalking, threats or damaging personal assets and disturbing someone’s peace.
If anyone has an intimate or close relationship with you have done any of these activities will be considered as domestically violates you, and you can receive emergency protection order.
Conditions for Issuing Emergency Protective Order:
For the officer of law enforcement to reckon it essential to issue an emergency protection order but a number of conditions are required encounter. On the first hand, it should be inspected that the person has done violation to threaten you and ensure that you should have an intimate relationship with the violator.
The state of California will send your order of restraining protection if you encounter some of their conditions which are that the violator is close with you if you both were married or domestic partners, previously married, current or previous dating partners, parent of a child together or intimately related with each other.
Requesting Emergency Protective Order for Anyone Else:
You can request for an emergency protective order for the sake of your own child or for the one whom you are the legal guardian. When your child gets an emergency protective order, you will also be protected by being his or her parents. Under the age of 12, you can request for emergency protective orders on his or her behalf after 12 children can request themselves, but you can request for your child until they are 18 years old.
Actions of Emergency Protective Order:
After its immediate release, it will protect you from your violator. The core motive of an emergency protective order is to keep you away from harmful person potentially until you just get to your local courts for hearings before a judge.
The emergency protective order will restrict you and everyone who lives in or near your house from being in contact with the violator, the violator will just stay much away from your home and all other places you visit.
If the violator lives with you, he should be out from your house at the very initial step. The violator is required to follow the custody, support and visitation order about the child. The violator is obligated to pay spousal, child or partner support and bills too, and he is not capable of changing any insurance policies.
When restraining order has been declared against someone in court that he just becomes unable to bear arms, he should just stop using his firearms or sell them to any licensed gun dealer.
Actions Constitute Violation of Emergency Protective Order:
This type of protective order is just for a temporary basis, but still, they can also get violated in the same manner as other types of a restraining order. If you are the sufferer of domestic violence and you have filed against violator than you should have known about the actions constitutes an emergency protective order violation, and have complete info about legal terms which are around restraining order.
Ensure that the restraining order has been issued by the judge through accurate legal terms. The person who has restrained should get the information about being restrained and must state that he has understood all the conditions of restraining orders. The restrained person has the order of emergency protection willingly and with his complete intentions.
It is not a very big matter of violating the legal orders; the law of California is enough to power to deal with all the inabilities happening. Either the restrained person get to connect with the sufferer or any of his family members during the time of emergency protection order it will be considered as the violation of orders restrained, or after this, the law will charge him or her in proper means.
When you get an emergency protective order from the law enforcement of California it means that now you are safe and secure from all the threatening and dangerous, but its duration is quite small so you have to take quick actions in it for attaining proper protection.
You can get help from legal attorneys as they can help and guide you in much better ways. They acquire all the essential information about all crucial parts so they will ensure you before taking every small step forward. Taking action against domestic violence is very much essential, or it will become much difficult to face it.