Orders Of Protection in California
An order of protection, also known as a protection order, injunction, or restraining order, is a court order to protect a victim of abuse from an accused abuser. It can demand the abuser to cease contacting the victim and force the abuser to stay physically away. The purpose of this order is to deter continued abuse and provide victims with a sense of safety.
Suppose you have been a victim of abuse and continue to live in fear that the abuser will continue the behavior. Attorney Bruce A. Mandel can explain the types of protection available to you that will require your abuser to cease contact and remain at a distance.
Understanding Protective Orders
Every state and or territory has some type of protective order. Each state places different restrictions as a means of protecting victims and restricting abusers. These states not only have orders that protect victims from their abusers, but they also recognize orders issued by other states.
If you need protection from someone, it is essential to know what is available to you and what they mean.
In California, restraining orders can be used to prevent someone from contacting you, hurting you, threatening you, harassing you, and more. The order can stop the abuser from coming near your home, school, place of work, and vehicle. A restraining order can even help to get your abuser removed from your shared home.
A restraining order can also offer protection to more than the individual requesting it. This order can be placed not only on a primary protected person, but it can also include family members or others that have a relationship with the victim that also fears harm.
Injunctions such as these are taken seriously by the courts. They are there to ensure that individuals who are fearful of being threatened or harmed have recourse and a way to prevent the abuse from continuing or happening altogether. If your abuser violates any part of a protective order, they may be incarcerated, ordered to pay a fine, or both.
The Different Types Of Protective Orders
Orders of protection in California, can either be issued due to a crime or a civil matter.
A judge may issue a protective order during a criminal case. These orders protect victims who may be testifying in a case or the victim of a crime that occurred. Most of these, however, are not criminal orders.
In many states, most cases where someone is seeking protection from another are domestic violence or family issues. In these cases, a family court judge can issue a restraining order.
There are laws in place to protect victims from harm at the hands of a family member, a significant other, an acquaintance, a stalker, and any other person who is hurting someone physically or threatening to harm that person.
Provisions Available In California
We can help you understand the various provisions available in California’s protection laws. Some of the provisions included in the different types of protective orders include:
- Stay Away Provisions. These provisions require that an abuser stay away from the protected person by limiting the parties’ distance. This distance can be from the person, their home, school, employment place, and more. These provisions may also cover those related to or have a relationship with the protected person.
- Cease Abuse Provisions. These provisions require and order that the abuser cease all abuse and threats against the protected person.
- No Contact Provisions. These provisions prevent contact with a protected person. The types of contact that can be prohibited include contact by phone, computer, mail, or even a third party.
Some other issues addressed in an injunction may require the surrender of weapons and payment of child and spousal support.
If You Are In Danger, Do Not Hesitate To Make That Call
If you feel that you will be in immediate danger because you have been experiencing abuse and fear that your abuser will continue their behavior, you must take action. There are laws in place in California to protect you.
An order of protection is available to those who are the victims of abuse, threats, and harassment. A protection order can require your abuser to cease threats, contact, and any form of abuse or harm.
Experienced family attorney Bruce A. Mandel can help you by seeking every possible legal remedy to protect you. Contact the Torrance office today at (424) 250-9130 or fill out our online form for a free consultation.