SANTA ROSA PROTECTIVE ORDER ATTORNEY
A protective order in Santa Rosa, CA can help victims of domestic violence, stalking, and other abusive behaviors keep themselves safe from their abusers. Protective orders can prevent contact between these parties and allow criminal charges against the restrained person if they violate the court orders.
If you are suffering from a threatening or abusive person, knowing what to do about it can be overwhelming. At the Carroll Law Office, our attorneys want to help you. Our compassionate and qualified lawyers have worked with those who have suffered from domestic violence. We understand how difficult your situation is and want to help you take action. We can discreetly help you file for a protective order to keep you and your loved ones safe.
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Levels of Protective Orders in Santa Rosa
Protective orders can last for different periods of time, depending on what a victim’s needs are during the filing process. While some individuals can file for a permanent protective order and wait until the hearing, others need immediate protection to remain safe. In California, the levels of protective orders are:
- Emergency Protective Order (EPO)
EPOs can be administered at any time and are usually requested by law enforcement officers. There is a judge available 24/7 to provide EPOs. This form of protective order is only given if the police officer believes there is clear and immediate danger to the victim. An EPO may also be issued if there is a danger of abuse or abduction to a minor or if an elder or dependent adult is in present danger. Most emergency orders last between 5 and 7 days. This is meant to provide the victim time to file for a temporary protective order.
- Temporary Restraining Order (TRO)
When the victim of violence or threatening behavior files for a permanent restraining order, they can request a TRO. This lasts several weeks, until the official hearing date for the permanent restraining order. TROs are issued by a judge the day the victim requests it if they see sufficient reason to believe the individual is in present danger before the hearing. Even if a TRO is not granted, there will still be a hearing for the permanent order.
- Permanent Restraining Order
During a hearing for a permanent restraining order, both the victim and the person they are filing the order against will present their arguments to the judge. If the judge decides to grant a protective order, it may last 3 to 5 years, depending on the form of protective order. The exact parameters of the protective order will depend on the unique case and what the judge decides.
Types of Protective Orders
There are different forms of protective orders depending on the circumstances of the harassing behavior or violence. The types of orders include:
- Domestic Violence Restraining Order
If you have suffered abusive actions from a family member or someone whom you have a close relationship with, you can file a domestic violence order against them. A close relationship or family member includes a spouse, a parent, a sibling, a grandparent, a child, an in-law, a registered domestic partner, an ex-spouse or ex-domestic partner, someone you are dating or used to date, or someone you have a child with. If one of these parties is committing abusive acts against you, you can file for a domestic violence restraining order. Abusive behaviors include abuse, threats of violence, stalking, sexual assault, or harassment.
- Elder or Dependent Adult Abuse Restraining Order
This type of order can be filed by those over 65 or those between 18 and 64 who have mental or physical disabilities that make them unable to do daily tasks or protect themselves. If you are an elder or dependent adult and are suffering from neglect, abandonment, financial abuse, physical abuse, or deprivation of basic needs, you can file for this form of restraining order.
- Civil Harassment Restraining Order
If someone is behaving abusively towards you, and your relationship with them does not fit the definition under a domestic violence restraining order, you may be able to file for a civil harassment restraining order. This includes roommates, acquaintances, strangers, friends, distant relatives, and neighbors.
- Workplace Violence Restraining Order
This is a form of protective order that employers can file on behalf of their employees. The employee must be facing stalking, violence, credible threats of violence, or harassment. This behavior must occur in the workplace.
FAQs About Santa Rosa, CA Protective Order Laws
How Do I Get Around an Order of Protection?
If a protective order has been filed against you, it’s important to attend the hearing to argue your side of the situation. Failing to attend the hearing will likely mean automatic approval of the petitioner’s request for the order. If a protective order has already been approved against you, you may be able to request an appeal.
What Is a 273.6 Violation?
California Penal Code 273.6 covers the crime of violating a protective, restraining, or stay-away order. If a person intentionally and knowingly violates the terms of a protective order, they can be charged with a misdemeanor. If convicted, penalties include up to 1 year in jail and/or up to $1,000 in fines. A second offense of violating a protective order may be charged as a misdemeanor or a felony.
What Proof Do You Need for a Restraining Order in California?
In order to file a restraining or protective order against someone, you must prove that they are a danger to you. The court requires significant evidence of this fact. Depending on the type of protective order you are requesting, evidence may include:
- Photos of injuries or property damage.
- Emails, texts, voicemails, or other correspondence with threatening or abusive language.
- Police reports of 911 calls.
- Eyewitnesses to abuse or other actions.
What Is the Difference Between a Protective Order and a Restraining Order in California?
Under California law, the terms protective order and restraining order are used interchangeably. There are several different forms of civil protective or restraining orders and criminal protective orders. All these orders protect victims from the actions of their abusers. The exact requirements depend on the unique case.
Filing a Protective Order in Santa Rosa
If you or someone you know is unsure how to handle another party’s violence or abusive actions, contact the Carroll Law Office today. We can provide you with legal support and guidance throughout each step of the filing process and advocate for your need for a protective order in the hearing.