Domestic Violence And Restraining Orders
Domestic violence survivors can protect themselves from further abuse by using criminal and civil protection or restraining orders. These orders may not necessarily prevent a stalker or abuser from hurting a victim or making them uncomfortable. However, they permit victims to have the stalker or abuser arrested whenever the order is violated.
Attorneys at SBEMP (Slovak, Baron, Empey, Murphy & Pinkney) law firm provides professional legal advice and services to clients in Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and surrounding communities.
Emergency Protection Orders (EPO)
Police can provide victims an Emergency Protection Order (EPO) in some states. This is short-term protection given to a domestic violence victim by the magistrate or police when their abuser gets arrested. EPO is typically for a specified limited period, like seven days. This helps the victim request for a long-term protection order.
Protection Orders
Protection order is prevalent in all 50 states and the District of Columbia through separate statutes even if the states may have different names for this order. For instance, New York, Illinois, and Texas may call them protection orders, but Florida calls the same thing an injunction for protection against domestic violence, and California labels it as a restraining order.
Protection orders are separate from EPO because they are for a longer period, generally 1 – 5 years. In extreme circumstances, they may be valid for the entirety of a lifetime as well. You would need to file the necessary legal papers to obtain a protection order. You would also be required to follow required state law for evidence presentation at your hearing.
Sometimes, the police can serve papers to the abuser on behalf of the victim. Few states include custody and visitation rights for children of the abuser and victim as part of the protection order. These are always temporary and can be modified by future family court orders, like divorce.
Restraining Orders
Restraining order refers to an order that requires all parties to a lawsuit to either do or not do certain action. Restraining orders can be called into force because of family law disputes, such as divorce or any other civil lawsuit.
Consequences of Protection Orders Violation
Protection order violations can be dealt in three ways: as a misdemeanor, felony, or contempt of court. Felony charges are almost always reserved for serious or repeat violations. Certain violations are considered both as a new domestic violence charge and contempt of court. In California, these types of instances are related to double jeopardy. Police policy in most states is to automatically arrest the violators.
Enforcement of Protection Orders in Different States
Domestic violence survivors have the remedy to move as part of a legal plan to protect them from a former abuser. The federal law and the Full Faith & Credit Clause of the Constitution require all valid orders of protection to be enforced in the state where it is issued and all other states and territories belonging to the United States.
Lawyers at the SBEMP law firm serve clients from Palm Springs, Palm Desert, Rancho Mirage, Inland Empire, Orange County, Coachella Valley, Costa Mesa, San Diego, New Jersey, New York, and nearby locations for a range of legal practice areas.
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SBEMP LLP is a full service law firm with attorney offices in Palm Springs (Palm Desert, Inland Empire, Rancho Mirage, Indian Wells), CA; Indian Wells, CA; Costa Mesa (Orange County), CA; San Diego, CA; New Jersey, NJ; and New York, NY.
DISCLAIMER: This blog post does not constitute legal advice, and no attorney-client relationship is formed by reading it. This blog post may be considered ATTORNEY ADVERTISING in some states. Prior results do not guarantee a similar outcome. Additional facts or future developments may affect subjects contained within this blog post. Before acting or relying upon any information within this newsletter, seek the advice of an attorney.
