Abuse in the family home can often spiral out of control. Domestic violence and abuse are often major contributors to divorce, and can threaten the safety and well-being of the entire household. In CA, there are tools that victims can rely on to try and stay safe from the threat of harm or continued abuse. One of these primary tools is what is known as a restraining order.
Restraining orders are serious matters, and can include a variety of conditions and stipulations. For example, someone who has a restraining order placed against them might be barred from approaching the victim, owning guns, could force them to move residence, and more.
In order to ensure that the restraining order is effective and enforceable, it’s important that you ask yourself a few questions ahead of time. Today’s post is a look at some of the questions you should be asking yourself before you make a formal request for a restraining order in CA.
What is Your Relationship to the Aggressor or Perpetrator?
As stated, there are a variety of restraining orders one can request in CA. Domestic violence restraining orders can only be requested when the perpetrator is one of the following:
- Spouse or registered domestic partners
- Current or previous romantic partners
- Parents of the same child
- Individuals residing in the same household
- Other close relationships such as parents, siblings, children, in-laws, and more
Are You Seeking Protection For Just Yourself Or Others as Well?
If the actions of the perpetrator are also targeting other members of the household, this is something to take account of when seeking a restraining order. If you believe the aggressor is capable of hurting others, they can be added to a restraining order as “other protected persons.”
What Type of Restraining Order Do You Need?
There are many different types of restraining orders depending on your specific situation. Some of these include stay-away orders, personal conduct orders, orders to move residence, as well as the stipulation that any interactions between you two are always recorded. Talk to your attorney about your specific needs to better determine the type of restraining order that is better suited to protect you and your loved ones.
Consult with a Family Law Attorney in CA
Have any additional questions about restraining orders, divorce, or other family law matters in CA? Reach out to our seasoned attorneys at (949) 825-5245 today to connect directly with one of us. We offer free initial consultations so be sure to call at your earliest convenience.