Any divorce is going to be troublesome, but divorces involving domestic violence matters can be particularly difficult. In the event that you are going through a divorce in California that is related to domestic violence issues, you may wish to file a restraining order. The California Courts have 4 different varieties of restraining order, depending on the situation.
The first variety of restraining order is an Emergency Protection Order. Usually, they will last up to 7 days. These are only issued in immediately violent situations, so that the victim has time to file for a Temporary Restraining Order.
A Temporary Restraining Order is issued after going to the court and explaining to the judge why you are in need of a restraining order. If issued, this restraining order lasts for up to 25 days, or as long as necessary to get your case seen in court.
Once the domestic violence case is seen in court, a judge may issue a “Permanent” Restraining Order for you. These restraining orders expire after 5 years. In the event that the “Permanent” Restraining Order expires, you may petition the courts for a new one.
A Criminal Protective Order may be issued if the district attorney files criminal charges against the abuser. Usually, this protective order will be in effect as soon as the accused is charged with the crime, and if the abuser is found guilty the Criminal Protective Order is in effect for up to three years.
This post is intended to educate you on the different kinds of restraining orders available in the state of California. It is not meant to be legal advice.
