Restraining Orders and Family Law

Santa Barbara, Ventura Restraining Order Attorney

If you or your children are in an unsafe or dangerous situation, it is extremely important that you get the assistance from the California legal system that you need, and that you get it quickly. A restraining order, sometimes called an order for protection, will outline what contact (if any) is permitted between a person who has formerly committed violence or threats against another person. Restraining orders/protection orders are there to protect you and your family from abusive situations. At the Law Offices of Michelle Evans, we handle situations involving domestic violence and restraining orders in Santa Barbara and Ventura County.

A restraining order can be filed against an abusive spouse, ex-husband, ex-wife, domestic partner, lover, parent, the father or mother of your child, someone you are dating, or anyone that you are related to by blood, marriage, or adoption. Domestic violence can be physical, verbal, written, or sexual. Threatening to commit a violent act can also be grounds for a restraining order.

A restraining order can also be against the boyfriend/girlfriend of an ex-spouse/partner, or someone not related to you by blood. These are civil harassment restraining orders, and are a different process than ones for domestic violence described above. The Law Offices of Michelle Evans has experience in both types. Depending on the severity of the circumstances, the District Attorney can also get involved in prosecuting an individual for acts of domestic violence.

The types of restraining orders fall into the below categories:

• Domestic Violence Temporary Restraining Order: For a domestic violence victim, this type is normally effective for approximately a few weeks. Once a Temporary Restraining Order has been obtained, the court will set a date for the parties to return to court on the issue of making the Temporary Restraining Order a Permanent order, which can last for a maximum of 5 years in California.
• Emergency Protective Order: This type is for domestic violence victims for their immediate protection and safety when a threatening situation is clearly present. It is usually only valid for a few days, long enough to give the victim time to go to court and obtain a more permanent order.
• Civil Harassment Restraining Order: This type is used to stop harassment, threats, or stalking, by roommates and co-workers, neighbors, or the boyfriend/ lawyers girlfriend of an ex-spouse or partner.
• Criminal Protective Order: Issued in active domestic violence cases and is obtained through the criminal court system instead of the family law courts, and will involve the District Attorney.

Facing a Restraining Order

Due to the relative ease with which a temporary restraining can be obtained, it’s not unusual for an angry ex-spouse, boyfriend / girlfriend, to use one to make someone’s life difficult. Since they can be issued without notice to the other party in certain circumstances, they can cause substantial disruption to your life. Not only may you be unaware when one is issued against you, once it is in effect you can be arrested if you are alleged to have violated the restraining order. As a result, a restraining order has the potential to turn into a serious criminal charge and create further problems – especially when child custody or visitation is involved.

Defense of Persons Accused of Domestic Violence

In divorce and child custody disputes, one party may use a false accusation of domestic violence in order to gain an advantage. We also defend the rights of persons accused of domestic violence or charged with domestic battery. At the Law Offices of Michelle Evans, we take action in cases where a restraining order is clearly being used to complicate our client’s life and leverage certain issues in a divorce or family law dispute, instead of for it’s true and intended purpose.

Contact Our Law Office About Restraining Orders

If you need to pursue a restraining order, or if you need to defend against one, contact us to discuss the details of your situation. In matters of domestic violence, civil harassment, and restraining orders, we can help. Call 805-242-6270 or send us an email.