Peter Blair | May 30, 2024 | Domestic Violence
Restraining orders in California are important tools to keep people safe from abusive conduct while the legal process runs its course. These are protective measures to control whether an alleged abuser can contact a person seeking a restraining order.
If a person is stalking, harassing, abusing, or threatening you, a restraining order can help protect you. However, you will need proof to show that a restraining order is appropriate in the situation. Whether you need to move forward with a restraining order or are unsure, a California restraining order lawyer can help you choose your next steps. First, it helps to know your options and the proof you need for a restraining order.
Domestic Violence
If you are experiencing abuse, harassment, or threats at home, you can seek a domestic violence restraining order in California. This type of restraining order can be used against someone you’ve dated or had a romantic involvement with – often a domestic partner or spouse. This order can also be used against a parent, child, grandparent, sibling, or in-law. Abuse can be physical or emotional and can take many forms.
You do not need to pay a filing fee to file a domestic violence restraining order. Having a lawyer is not required but is recommended – especially if you believe the other person will fight the restraining order. Remember, too, that if you are in immediate danger, always call 911 first.
Civil Harassment
A civil harassment restraining order in California goes against someone you are not closely related to and did not have an intimate relationship with. For example, this type of order can be filed against a co-worker, neighbor, landlord, or other person, creating issues for you. A civil harassment restraining order can prevent a person from contacting you, entering your property, threatening you, and other measures.
Workplace Violence
When a person is stalked, threatened, harassed, or abused at work, protection is needed. A workplace violence restraining order can be used to prevent all contact between the alleged abuser and the victim. These orders are filed by employers, not individuals, and are done for the safety of an employee.
Elder Abuse
Sadly, senior citizens and dependent adults can find themselves the targets of mistreatment, manipulation, and abuse. Elder abuse can be physical, emotional, and financial. If a family member or someone you know could benefit from a restraining order, California law allows Elder or Dependent Adult Abuse Restraining Orders. An attorney is not required but can help make sure you prove what is needed to have the restraining order entered by a judge.
What Evidence Do You Need to File a Restraining Order in California?
For any type of restraining order to be granted, an applicant must show there is a reasonable risk that abuse will occur or continue if the restraining order is not granted. California judges do not take restraining orders lightly and will need to review evidence.
Important types of proof to get a restraining order in California include:
- Police reports. If police were called to investigate an incident, their report can be a valuable piece of evidence when you petition for any type of restraining order.
- Medical records. Evidence of harm that required medical treatment is useful evidence against the perpetrator of your injuries. A medical report can describe the injuries suffered, when and where they happened, and your physical condition at the time.
- Photo and video evidence. These can show a judge what happened, whether it was a physical injury, property damage, or the alleged abuser’s presence at a location.
- Audio recordings and text messages. Often, an abuser will leave threatening voicemails or send text messages designed to intimidate someone. They may also make social media posts or send messages through a social media app.
- Written documentation. Journal entries and logs, including those kept at work, can help describe an abuser’s behavior over the course of time.
- Witness statements. Witnesses to the abuser’s behavior can include family members, co-workers, neighbors, or anyone who saw what happened. These statements are useful in supporting your request for a restraining order.
A San Diego Restraining Order Lawyer Can Help
An experienced restraining order lawyer can help if you’re served with a restraining order. They can combat unfair allegations, prepare the documents you need, and collect evidence to protect your rights and freedom.
Contact a San Diego Criminal Defense Lawyer at Blair Defense Criminal Lawyers Today For Help
For more information please contact the San Diego criminal defense attorneys at Blair Defense Criminal Lawyers for a free consultation, give us a call at (619) 357-4977 or visit our convenient location:
Blair Defense Criminal Lawyers – San Diego Criminal Defense Law Firm
255 Broadway, Ste 1740. San Diego, CA. 92101
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