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Domestic Violence and Restraining Orders: Seeking Protection and Legal Recourse

When a situation at home turns dangerous, there are legal protections you can put in place to avoid harm and keep the other person away from you. Too often, victims are stuck in bad situations because they don’t understand that options are available. Hiring an attorney for assistance is one of the best things you can do. Your attorney will not only help you file a restraining order but also offer other possibilities for legal recourse, depending on the situation.


Domestic Violence: What You Need to Know


How do you know if your situation qualifies as domestic violence? In the state of California, there is a Domestic Violence Prevention Act (DVPA) which sets the definition of domestic violence: any threatened or actual abuse occurring with a person who has shared a close relationship with you.


DVPA helps to protect you and your children from various types of violence, including:


· Sexual assault

· Physical injuries

· Harassment

· Molestation

· Threatening phone calls

· Stalking

· Damage to personal property

· Disturbing the peace


Even a threat of anything above can be considered domestic violence. Abuse can be verbal, physical, and/or sexual. Not only do actions fall in this category but written and spoken threats are also categorized as abuse.


Filing a Restraining Order


If you and/or your children are victims of domestic abuse, then you might consider filing a restraining order for protection. This order can be filed against a current or former spouse, partner, relative, or anyone who has previously shared your home.


There are different types of restraining orders for domestic violence, including an emergency protective order, a temporary restraining order, and a restraining order after a hearing. The best solution is to talk to an experienced attorney for recommendations and advice about filing the right type of order for your unique needs.


Seeking Legal Recourse for Domestic Violence


It might make sense to seek legal recourse for domestic violence depending on the circumstances. Talk to your attorney about the best approach, considering both civil law and criminal law. Sometimes, domestic violence cases include both criminal and civil action.


Our team at Miles & Hatcher, LLP, is here to help in your time of need. Call right away if you have questions about protection from domestic abuse: (909) 481-4080.

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