Domestic Violence Civil Protective Orders
Civil Protective Orders are one type of protective order available to victims of domestic violence. In California, domestic violence laws apply to disputes between intimate partners. These partners may be married or divorced, cohabiting, have children in common, dating or formerly dating. The laws apply to both heterosexual couples and same-sex partnerships.
Unlike their criminal counterparts, a civil protective order doesn’t require that the person seeking the order and the restrained individual share an intimate relationship, even though they often do. Although it is common for a victim of intimate partner abuse to file for a Criminal Protective Order, it is advisable that he or she applies for a Civil Protective Order as well. A skilled attorney can help explain the importance of having both orders and will aid in the requesting party in successfully obtaining them.
Although Civil Protective Orders and Criminal Protective Orders can offer the same protection to victims of domestic abuse, the proof necessary to obtain the orders is different. When requesting a Criminal Protective Order, the individual seeking protection doesn’t need to be a victim of actual violence. For example, the requesting party can obtain the order if he or she is a victim of harassment, disturbing telephone calls, unwanted e-mails or verbal abuse. However, when requesting a Civil Protective Order, the individual seeking protection must prove that he or she is the target of actual violence or is reasonably in danger.
The process for obtaining a Civil Protective Order is almost identical to obtaining a Criminal Protective Order, except that the requesting party applies for a civil harassment order instead of a domestic violence protective order. Another difference is that there may be a fee for applying for a civil protective order whereas the fee for a domestic violence protective order is waived. Both processes involve an application for a Temporary Restraining Order and then an “Order To Show Cause” hearing to determine if the order is warranted. In the civil process, there must be reasonable proof that the accused is guilty of the abuse.
In general, a Civil Protective Order will prohibit the restrained individual from coming within a certain number of yards from the protected party. However, depending on the circumstances, the order can be much more restrictive and can include the same protections available under a Criminal Protective Order. Unless a specific end date is listed, the order will expire three years after being issued, which is another difference between the criminal and civil order. A criminal order may expire based on the occurrence of specific situations, where a civil order will not expire until the stated date.
Whether an individual is the victim or the alleged abuser, hiring an attorney who is experienced in California domestic violence law can help either side get his or her desired outcome at the Order To Show Cause hearing. The victim desiring the order may want to hire an attorney who will help ensure that his or her imminent danger is effectively communicated to the court. The individual who is defending against the order should hire a criminal defense lawyer to make sure that the judge hears both sides of the story and doesn’t blindly process the order out of habit. The attorneys at The Kavinoky Law Firm are familiar with every aspect of a domestic abuse case and take the time to explain each step of the criminal court process with their clients. Their reputation for treating their clients with compassion and respect is exceeded only by their success rate. Click here for a free consultation and for the best representation.
