Bakersfield Family Law
DOMESTIC VIOLENCE / RESTRAINING ORDERS
Survivors of domestic violence have several civil and criminal protection or restraining order options to protect themselves from further abuse. Although these orders won’t stop an abuser from hurting a victim, they permit the victim to call the police and have the abuser arrested if the order is ever violated.
The following Domestic Violence Orders of Protection will be discussed:
- Emergency Protection Orders
- Protection Orders
- Restraining Orders
Emergency Protection Orders
In most states, when the police encounter a domestic violence situation, one of the two parties involved in the dispute is required to leave the home. Often, this person asked to leave is the abuser, although the police can be mistaken about who the aggressor is.
In some states, the police can give the victim an Emergency Protection Order (EPO), which is a short-term protection order typically given to a victim by the police when his or her abuser is arrested for domestic violence. An EPO is generally for a limited time period, such as five days, which allows the victim time to request a longer-term protection order.
A protection order varies from an EPO because it’s longer-term, typically for anywhere from one to five years, and in extreme circumstances, for up to a lifetime. A victim can renew the protection order if the victim continues to feel threatened by his or her abuser.
- No Contact Provision: Prohibiting the abuser from calling, texting, emailing, stalking, attacking, hitting, or disturbing the victim.
- Peaceful Contact Provision: Permitting the abuser to peacefully communicate with the victim for limited reasons, including care and transfer for visitation of their child.
- Stay Away Provision: Ordering the abuser to stay at least a certain number of yards or feet away from the victim, his or her home, job, school, and car. The stay-away distance can vary by state, judge, or the lethality of the situation, but is often at least 100 yards or 300 feet.
- Move Out Provision: Requiring the abuser to move out of a home shared with the victim.
- Firearms Provision: Requiring the abuser to surrender any guns he or she possesses (about 2/3rds of states) and/or prohibiting the abuser from purchasing a firearm.
- Counseling Provision: Ordering the abuser to attend counseling, such as batterer’s intervention or anger management.
Violation of Protection Orders
Violation of a protection order can be treated in one of three ways: as a felony, misdemeanor, or contempt of court. Felony charges are typically reserved for either repeat or serious violations. Sometimes violations are considered contempt of court.
Get Professional Legal Help with Domestic Violence Orders of Protection
No one should have to endure domestic violence. If your situation is imminently dangerous for you or your children, contact law enforcement right away. If you’re considering a domestic violence restraining order, it’s a good idea to consult with a domestic violence attorney such as the Law Office of Jim R. Canaday, who can answer any questions, file the necessary paperwork on your behalf, and advocate for you in court.
Authorities in Bakersfield and surrounding areas take reports of domestic violence very seriously. Without legal representation, victims of domestic assault may find it challenging to take advantage of the legal protections available to them, including restraining orders. Conversely, those accused of an act of domestic assault may face serious immediate consequences, before any determination of guilt or innocence.
When your faced with a domestic violence case or need help with a restraining order in Bakersfield, you need an experienced family law expert. Jim Canaday takes these cases very seriously and goes out of his way to make sure that your domestic violence case is taken care of with dignity and care, Call the Law Office of Jim R. Canaday today at (661) 328-1910.