Intimate partners in California are protected under domestic violence laws. These laws are very strict and apply to individuals who are girlfriends, boyfriends, spouses, divorcees, cohabitants, or who have children in common. Both heterosexual couples and same-sex partnerships are covered under these laws.

California provides temporary and permanent restraining orders to prevent individuals from committing certain acts of abuse. These orders protect victims of all forms of intimate partner abuse. There are four types of protective orders that apply to domestic abuse situations: Emergency protective orders, temporary restraining orders, criminal protective orders and civil harassment restraining orders.

An emergency protective order is issued by the court when it determines that an individual is in immediate and present danger of intimate partner abuse, a child is in imminent danger of abuse or that an elder or dependent adult is in immediate danger of being abused by a family member. In addition, the court must be convinced that the order is necessary to prevent the abuse. An emergency protective order is valid for five to seven days.

A temporary restraining order (TRO) is issued by a judge and instructs the restrained party not to engage in particular activities or face serious legal consequences. While an emergency protective order is based on an officer’s opinion that such protection is appropriate, a victim may personally apply for a TRO if he or she feels that protection is necessary to prevent imminent harm. The application can be made ex-parte, meaning that the person for whom the order pertains doesn’t need to be present. This order lasts up to 15 days, or until the protected party is assigned a court hearing, which is usually set about three weeks after the TRO is issued.

A victim can apply for a longer protective order after the “order to show cause” hearing. These orders are also aimed at preventing a defendant from threatening, harassing, or abusing his or her partner. When a longer protective order expires, the court can extend it another five years, or even permanently, if the protected party shows that he or she has a reasonable fear that the partner will continue to threaten, harass, or abuse again in the future. The victim does not need to have experienced a new incident of abuse to have the order extended.

Civil protective orders are very similar to criminal orders but they are issued by a civil judge, not a criminal judge. Civil orders may list the same restrictions as criminal orders, but they usually expire on a specific date. In the case where an order has not been dated, it expires three years from the day it was issued. Victims should ask for both types of orders (criminal and civil) as the criminal order may expire when a particular event occurs, while the civil order is valid until its specified date.

A person with a protective order issued against him or her will likely have intimate relationships severely impacted. Restrictions against seeing one’s spouse, children, family and friends make it very difficult for someone struggling with domestic problems to remedy the issues. In addition, a person found in violation of a protective order will face jail time and steep fines. An experienced defense attorney can investigate any criminal charges and make sure the accused has an opportunity to communicate his or her side of the story. The attorney will reveal any false accusations, emphasize any discrepancies in eyewitness accounts and address any special circumstances surrounding the violation.

Whether you are a victim seeking a protective order, or a person accused of domestic violence who wants to prevent having an order issued against you, attorneys at the Kavinoky Law Firm are here to help. They have successfully defended countless individuals charged with intimate abuse crimes and have prevented the issuance of protective orders so that the family could heal their wounds and work to get the relationships back in a healthy place. They will assist with all aspects of the case and treat all their clients with dignity and respect.