In a California divorce case, ensuring the safety of yourself and your children is paramount. One effective measure to achieve this is by obtaining a restraining order. A restraining order is a court-ordered directive intended to halt specific behavior or actions and to maintain distance between individuals or locations. However, it is crucial to understand that not all restraining orders are the same. In California, there are four types to consider: domestic violence restraining orders, elder or dependent adult abuse restraining orders, civil harassment restraining orders, and workplace violence restraining orders.
1. Domestic Violence Restraining Order
The first type of restraining order is the domestic violence restraining order. This court order prohibits an abuser from contacting or coming near the victim and their children. In addition, it has the authority to order the abuser to vacate the family home and provide child and spousal support.
2. Elder or Dependent Adult Abuse Restraining Order
For instances of abuse or neglect against an elder or dependent adult, an elder or dependent adult abuse restraining order is applicable. It prevents the abuser from contacting or approaching the victim.
3. Civil Harassment Restraining Order
A civil harassment restraining order serves to protect individuals who are not domestic partners or family members from harassment, stalking, or threats. This type of restraining order is essential for maintaining personal safety.
4. Workplace Violence Restraining Order
In situations where an employee has experienced violence or threats of violence at work, a workplace violence restraining order is advisable. It prohibits a specific person from contacting or coming into proximity with the victim within the workplace.
How to File for a Restraining Order
To obtain a restraining order, you must initiate the process by filing a request with the appropriate court. The California Courts website offers a step-by-step guide, including the required forms to complete for filing.
After filing your request, a judge will review your case and determine whether to issue a temporary restraining order (TRO). If the judge grants a TRO, it will remain in effect for up to 21 days. Following the issuance of the TRO, a hearing will be scheduled to evaluate the need for a permanent restraining order.
What to Expect at the Hearing
During the hearing, it is crucial to provide evidence supporting your request for a permanent restraining order. You have the option to present witnesses who can testify on your behalf and submit documents or other evidence to bolster your case. The opposing party will also have an opportunity to present their own evidence and arguments against the issuance of the restraining order.
If the judge decides to grant a permanent restraining order, its duration will be up to five years. Renewal is possible after this period, should it be deemed necessary.
Upholding the Restraining Order
In the event that the other party violates the terms of the restraining order, you can file a request for an order to show cause. This court order compels the violator to appear and present reasons why they should not be held in contempt for breaching the restraining order. If the court determines that the violator indeed violated the restraining order, they can face penalties such as fines or even jail time.
Final Thoughts
Protecting yourself and your children from abuse, harassment, or harm is of utmost importance during a divorce in California. Acquiring a restraining order can serve as a vital tool in achieving this objective. If you require guidance or have any inquiries regarding obtaining a restraining order or assistance with your divorce case, it is advisable to seek the counsel of an experienced family law attorney. Their expertise will provide valuable support throughout the process, ensuring your rights and safety are fully upheld.