Beverly Hills Civil Restraining Order Lawyers Fighting for You and Your Family
Being a victim of violence is a traumatic experience and leads to fears about future safety from an abuser. Whether the abuse was a one-time act of violence or an ongoing problem, a civil restraining order (also called a protective order or injunction) acts as a line of defense between the abused and the abuser. The process of filing one of these injunctions may feel overwhelming, especially while dealing with the physical and emotional aftermath of a violent act. However, a restraining order is often one of the most important steps in securing safety for the abused.
How Do I File a Civil Restraining Order?
In most cases, a person needs to prepare a petition for a temporary or preliminary injunction with the civil court. A temporary injunction may go into effect immediately, depending on the state. From there, victims may file for a permanent injunction through a court hearing. It is important to keep in mind that even a “permanent” restraining order will have a judge-appointed expiration date, usually 1-5 years from the date the injunction is issued. Since this is a matter of personal safety and peace of mind, it is often advisable to seek legal counsel. An experienced civil restraining orders lawyer will be able to guide clients through the legal steps of obtaining this form of protection.
What Are the Different Types of Civil Restraining Orders?
While they all fall under civil restraining orders or protective orders, there are four types of orders based on the situation. There may also be an overlap of the type of restraining order possible, such as a person experiencing both domestic and sexual violence. If the situation is complex, a civil restraining order lawyer would be able to advise clients on the best solution in terms of a protective order. The type of restraining order filed will depend on the type of abuse and the victim’s relationship with the abuser.
Domestic Violence
A domestic violence restraining order is filed against a family member (or household member) when they have committed a violent act against you or an immediate family member. The definition of family member includes family through blood or marriage and also live-in partners.
Sexual Violence
A sexual violence restraining order can be filed by an adult for themselves or by an adult on behalf of a minor in the event of being forced or coerced to participate in sexual acts. It is important to note that the protective order may still be filed in a civil court even if criminal charges were dismissed.
Dating Violence
Dating violence injunctions must meet certain situational circumstances, such as the victim and abuser being involved romantically or sexually for a specified period of continuous time within the previous six months.
Repeat Violence
If a person (regardless of their relationship to you) has committed violent acts against you or your immediate family members, a repeat violence injunction is a type of restraining order available to victims.
What Does a Civil Restraining Orders Lawyer Do for Clients?
A civil restraining order lawyer can serve clients in several ways. They can serve as legal counsel and answer any questions about starting the process of filing a civil injunction. What kind of restraining order is best for you based on the situation? What are the next steps after the temporary restraining order has been filed? What do you need to prepare and present to the courts in order to gain a permanent injunction against your abuser? An experienced civil restraining order lawyer will guide clients through the process and find the right solution to meet the needs of the client.
There are other reasons to consider hiring a civil restraining order lawyer. In most states, the abuser has the right to dissolve the restraining order. If your abuser petitions the court to dissolve the protective order, it is crucial to have a civil restraining orders lawyer at the ready to fight for your safety. Another reason to consider a civil restraining order lawyer is if the order is expiring and you believe you or your family will be in danger once the order is lifted. Whether dealing with domestic violence, sexual violence, or dating violence, a civil restraining order lawyer is your best bet in navigating the options available to you and making sure you’re safe from your abuser.
Can a Lawyer Help?
Regardless of the type of violence, victims deserve to have their safety prioritized. Find the legal counsel you deserve by reaching out to us at (310) 271-7675 today. We’re ready to help you find the right solution for your situation and needs.