A restraining order can be an important tool to establish a safe distance between an individual and an alleged abuser, giving the protected party more peace of mind and the opportunity to take the steps required to rebuild their lives without fearing for their personal safety. On the other hand, a restraining order can create many hardships for the restrained individual, including the disruption of their ability to continue living at home or having contact with their children. The restraining order lawyers at the Hurwitz Law Group discuss a few important facts about restraining orders in Pasadena and explain why working with a restraining order lawyer may be in your best interest. If you have a case or need answers about a restraining order, call the Hurwitz Law Group at 323-310-9677.
A restraining order can protect an individual in many ways, such as limiting how close the restrained person can get to the protected person and prohibiting the restrained person from engaging in certain types of abusive conduct. In California, there are a few different types of restraining orders offering varying degrees of protection, depending on the situation.
One of the most common types of restraining orders is a DVRO (Domestic Violence Restraining Order), which can be filed against someone with whom the victim has a close relationship, such as a current or former spouse or dating partner, or a close family member. In contrast, a civil harassment restraining order protects an individual against the actions of any person who is not considered a family member.
In general, restraining orders may prohibit the restrained person from engaging in violent conduct such as hitting, assaulting, molesting, threatening, stalking, and disturbing the peace. It also prohibits them from destroying the protected person's personal property and impersonating the protected person on the internet. It can also include orders for no direct or indirect contact with the protected person and a stay-away order that requires the restrained person to keep a certain distance from the protected individual.
If the alleged abuser and the party seeking protection share a home, the restraining order may include orders for the restrained party to move out of the home immediately. This is commonly referred to as a move-out order.
In order for a person to request a move-out order as a part of their temporary restraining order, they must be ready to show proof that the abuser has assaulted or threatened to assault them, their children, or another dependent adult in the same household. They must also demonstrate that they or their children may be physically or emotionally harmed if the alleged abuser does not move out of the home. Once the restraining order containing a move-out order is granted, the order can be served to the restrained party. If the order is served by the sheriff's office, the restrained party may be asked to gather their essential belongings and leave the home immediately.
If you believe you need to ask for a move-out order, you simply need to show sufficient evidence to the court that you have a right "under the color of law" to use the home. That means if you contribute to the home in some capacity – such as by paying part of the rent, mortgage, or property taxes, or even by cleaning, maintaining it, or buying groceries – you may have the right to live on the property, even if your name is not listed on the deed or lease agreement.
You may include supporting documents to show the judge that you have a right to live in the home. Items such as rent receipts and utility bills in your name may be helpful to support your argument. Ultimately, it is up to the judge to decide whether you have a right to the home and whether the move-out order is justifiable.
If you are the protected party in a domestic violence restraining order issued in California and are planning to move to another state, it is important to understand that certain restraining orders may be enforceable in other states as long as they meet certain requirements under federal law. In general, a DVRO may be enforced in any other state as long as it was issued by a court that had jurisdiction over the case and had the goal of preventing threatening acts, violence, abuse, or direct contact with an abuser who may cause the victim physical harm.
In addition, the restrained party must have had the opportunity to appear in court and tell their side of the story, regardless of whether they actually appeared in court or not. In order to have your domestic violence restraining order enforced in another state, you may want to keep a certified copy of the order you received in court, as it may be required in certain states.
Restraining orders can be a complicated and often emotionally charged process for all parties involved. Whether you are seeking protection from the court against a current or ex-spouse or any party who may be threatening your safety, or you need help fighting a restraining order that has been filed against you, the Hurwitz Law Group is here to help. Contact our office at 323-310-9677 as soon as possible to discuss your case and learn more about how we can help you.
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