DOMESTIC VIOLENCE/ RESTRAINING ORDERS
Domestic violence is described as a threat or actual abuse from someone in your family or in your home with whom you have a close relationship.
Most importantly the person needs to get away from the aggressor and contact the police (“911”) immediately. If you need help right now, you may be able to obtain Emergency Protective Orders. A police officer responding to a domestic violence can call a judge and ask for an emergency protective order that goes into effect immediately and can last up to 7 days. You will need to explain to the police officer the abuser’s actions and why you are afraid.
Besides an emergency protective order a victim of domestic violence can also pursue through the court Temporary Restraining Order (TRO) and subsequently get a Permanent Restraining Order, usually for 3-5 years, if the Court finds that there was physical harm and/or threat of harm in the future to the person and/or the children.
You do NOT need to get a divorce to obtain a restraining order.
Furthermore, a court may issue a DVTRO if a party proves that the party against whom the DVTRO is sought directly or indirectly disturbs the peace of the other party.
For more information call the Law Office of Maria Taylor at (760) 583-1473.