Victims of domestic violence can secure a civil protective order against an intimate partner. Disputes between intimate partners are covered by California’s domestic violence laws. These partners may be married, divorced, cohabitating, dating, or have children in common. D.V. laws apply to both heterosexual and homosexual couples in California.

Unlike a criminal protective order, a civil protective order doesn’t mandate that the person seeking the order be in an intimate relationship with the abuser. Even though a victim of intimate partner abuse may file for a criminal protective order, he or she should apply for a civil protective order as well. A skilled attorney can help secure both criminal and civil protective orders.

Civil protective orders and criminal protective orders can offer the same basic protection to victims of domestic abuse. However, the proof necessary to obtain the orders is different. Criminal protective orders do not require that abuse has already taken place. For example, the party requesting the order can obtain it if he or she is a victim of harassment, disturbing telephone calls, unwanted e-mails, or verbal abuse. On the contrary, an individual seeking a civil protective order must prove that he or she is the target of actual violence or is reasonably in danger.

There are differences between criminal and civil protective orders. The terminology is slightly different. The party requesting a civil order applies for a civil harassment order instead of a criminal protective order. Another difference is that civil protective orders require fees to be paid, whereas the fee for a domestic violence protective order is waived. Both processes involve an application for a temporary restraining order and then a hearing to determine if the order is warranted. There must be reasonable proof that the accused is guilty of the abuse for a civil protective order to be granted.

Generally, civil protective orders prohibit the restrained individual from coming within a certain number of yards from the protected party. However, the order can be much more restrictive and can include similar protections as those granted under a criminal protective order. Civil protective orders expire three years after being issued unless a specific end date is dictated by the court. A criminal order differs in that it expires based on the occurrence of specific situations.

Regardless of whether an individual is the victim or the alleged abuser, hiring an experienced California domestic violence law attorney can help either party obtain the desired outcome at the “order to show cause” hearing. The victim seeking the order should hire an attorney who will successfully communicate that the victim is in imminent danger. The individual defending against the order needs a criminal defense lawyer to make sure that the judge doesn’t grant the order blindly out of habit. The attorneys at the Kavinoky Law Firm are well versed in all aspects of domestic abuse cases and will take the time to explain each step of the criminal court process to their clients. Contact the firm today and help level the legal playing field.