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Protecting Your Safety: Domestic Violence Protective Orders in California
At Colliss Law APC in Walnut Creek, California, we understand that divorce proceedings can be especially challenging when domestic violence is involved. Your safety and well-being are our top priorities. This guide aims to inform Walnut Creek residents about the types of protective orders available and how they can impact your divorce process.
Understanding the Types of Protective Orders
California provides multiple protective orders to safeguard survivors of domestic violence during divorce:
- Emergency Protective Orders (EPOs): Issued by law enforcement, EPOs offer immediate protection for up to seven days. They are designed to provide quick relief until a more permanent solution can be arranged.
- Temporary Restraining Orders (TROs): These orders are obtained through the court and typically last 20 to 25 days, until a hearing for a permanent order occurs. TROs prevent the abuser from contacting or approaching you during this period.
- Permanent Restraining Orders: After a court hearing, a judge may grant a permanent restraining order, which can last up to five years and may be renewed. This offers long-term protection and can set conditions for child custody and support.
Criteria for Obtaining a Protective Order
To secure a protective order, you must demonstrate a credible threat of violence. California courts consider factors such as:
- Prior incidents of physical or emotional abuse
- Threats of harm or harassment
- Stalking behaviors
- Potential danger to children or other family members
Providing evidence of these factors strengthens your case and helps ensure that the court understands the urgency of your situation.
Impact on Divorce Proceedings
Protective orders can significantly influence your divorce proceedings by:
- Establishing Child Custody Arrangements: Courts may restrict the abusive spouse's visitation rights to protect the children.
- Mandating Communication Protocols: Orders may require all communication to go through attorneys or a third party.
- Determining Residence Occupancy: You may be granted exclusive rights to remain in the family home.
- Preventing Direct Contact: This reduces the risk of further abuse and can help heal and move forward.
The Importance of Documentation
Thorough documentation is crucial when seeking a protective order. This includes:
- Police Reports: Official records of any incidents reported to law enforcement.
- Medical Records: Documentation of injuries or medical treatments related to abuse.
- Witness Statements: Accounts from friends, family, or neighbors who have witnessed abuse.
- Evidence of Threats: Saved messages, emails, or recordings demonstrating threatening behavior.
Proper documentation supports your case for a protective order and plays a vital role in divorce proceedings, affecting decisions on custody, support, and asset division.
Contact Us Today
If you or someone you know in Walnut Creek is experiencing domestic violence and considering divorce, it's important to act promptly. Contact Colliss Law APC today to schedule a confidential consultation. We're here to provide the support and legal expertise you need to protect your safety and secure a better future.
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Disclaimer: The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.