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A domestic violence restraining order is a legal measure designed to protect individuals from abuse or threats by a household member or someone they are in a close relationship with, such as a romantic partner. Its purpose is to legally prevent the abuser from contacting or coming near the victim, providing a layer of safety and peace of mind.
Signs You Need a Restraining Order
Recognizing the need for a restraining order is a critical step in safeguarding your well-being. Here are key indicators:
- Physical Abuse: Any form of physical harm or the threat thereof.
- Stalking: Being followed or monitored by someone who makes you fear for your safety.
- Threats of Harm: Verbal or written threats that put you in fear for your safety or the safety of those around you.
- Harassment: Repeated unwanted contact or communication that causes you emotional distress.
- Destruction of Property: Someone damaging or threatening to damage your belongings in an attempt to intimidate you.
How a Family Law Attorney Can Help You Get a Restraining Order
Obtaining a domestic violence restraining order involves several legal steps, which is why you should have a family law attorney help you. This is how a family law attorney can help you get a restraining order:
- File a Petition: Your attorney can file a petition for a restraining order on your behalf. Your lawyer will be required to detail the instances of your abuse and explain why you need protection.
- Court Hearing: After filing, a court date will be set. During the court hearing, your attorney can present evidence and testimony about the abuse.
- Serving the Order: If your restraining order is granted, the order must be legally served to the abuser. Your attorney can arrange for a law enforcement officer to serve the abuser with the order, including informing the abuser about the mandate and any court dates.
What to Expect After Filing
Filing a restraining order is a huge step. However, it is not the end of the process. The following is what you can expect to happen after filing a domestic violence restraining order:
- Temporary Order: The court may issue a temporary restraining order (TRO) providing you with immediate protection before the court hearing.
- Final Order: If the court is convinced of the need for ongoing protection, the judge may issue a final order lasting several years.
- Enforcement: Violations of the order should be reported to the police immediately. Abusers who violate restraining orders can face arrests, fines, or other legal consequences.
Resources for Support
Survivors do not have to navigate this process alone. Several resources offer assistance:
- Local Shelters and Advocacy Groups: These organizations provide abuse survivors with safe housing and support services.
- National Domestic Violence Hotline: This service offers abuse survivors confidential support and information (1−800−799−SAFE).
- Counseling Services: This service provides abuse survivors with professional help to cope with the emotional aftermath of abuse.
Making the decision to obtain a restraining order is personal and challenging, but recognizing the signs and understanding the process can empower you to take steps toward safety and healing. Remember, you are not alone, and there are resources and supportive communities ready to help you through this difficult time.
To discuss your situation with our experienced family law attorneys at Bremer Whyte Brown & O'Meara, give us a call at (949) 229-8546 or contact us online today. For more information about our legal team, check out our case results.