Victims of domestic violence in California can obtain a criminal protective order. Domestic abuse laws apply to intimate partners. Intimate partners include heterosexual and homosexual persons who are married, divorced, cohabitating, or dating, or who have children in common. A person who has experienced abuse by an intimate partner may apply for a criminal protective order as a means of protection against the abuser.

Criminal protective orders are the most permanent type of restraining orders under California law. After the initial issuance, the order may last up to five years. However, the court can extend it another five years, or even permanently, if the victim has a reasonable fear that the restrained person will continue to threaten, harass, or abuse the victim after the order expires. It is important to note that new incidents of abuse are not required to get the order extended. The court may also modify the order on its own if appropriate.

Under a criminal protective order, a judge may prohibit an intimate partner abuse offender from contacting his or her partner or other specified people. The order could also prevent an offender from visiting his or her home or the home of his or her children. Under the court’s order, additional behaviors may also be prohibited.

The procedure for obtaining a criminal protective order requires the victim to first file for a temporary restraining order. A victim may request this order “ex-parte,” meaning that the partner does not need to be present. A temporary order is usually granted the same day that it is requested and lasts until the “order to show cause” hearing. This hearing occurs about two to three weeks after the temporary restraining order is issued and allows both parties to explain why the order should be extended or revoked. After hearing the evidence from both sides, the judge will determine whether a criminal protective order should be issued.

Both the victim of abuse and the alleged abuser should hire a lawyer who is experienced in California domestic violence law. A good attorney can help either side achieve the goal of obtaining a restraining order or preventing such an order from being granted. 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 wants to ensure that the judge hears his or her side of the story. The attorneys at the Kavinoky Law Firm are familiar with all aspects of D.V. law and can explain the criminal court process to their clients. Contact the Kavinoky firm today and speak with an attorney who understands domestic violence protective orders.