From teen dating relationships to decades-long marriages, many people experience abuse from the one person they should feel the safest with.
If you are experiencing abuse, your first step should be to contact local law enforcement for your immediate safety. In a crisis, police can issue an emergency protective order that will last for five days. Once you and your family are safe from harm, it’s time to speak to a Southern California family law attorney about your situation.
Temporary Restraining Orders
One step you can take to protect yourself and your family is to get a restraining order against the person who hurt or threatened you or your children. Restraining orders typically require someone to keep away from another person and that person’s relatives or others in their home. The court can also require a person to move out, pay child support, or obey other court orders.
You can petition the court for a domestic violence restraining order against a current or former spouse or domestic partner, someone you are dating or used to date, the parent of your child, or a close relative (either by blood or by marriage).
When you first request a restraining order, it is only temporary, because the judge has only heard your side of the story. There will be a hearing approximately three weeks later, when the judge will decide whether the restraining order should last longer—up to five years. You don’t have to get your own attorney to file a restraining order or to attend the hearing—but you’ll appreciate having the support of someone who understands your situation and is familiar with the process.
What happens when the restraining order is violated?
Unfortunately, a restraining order cannot guarantee your safety. But it will help by establishing clear boundaries. Then if the abuser violates the restraining order, they can be arrested. Violating a restraining order is a serious crime and it can mean fines or jail time. Penalties become more severe if it was not the first violation, or if someone was physically harmed.
What if the abuser has a gun?
Not surprisingly, statistics show that the victim and their family are in much greater danger when the abuser owns a gun. Temporary restraining orders can specifically prohibit the abuser from possessing a gun or ammunition. Any guns they own must either be sold, temporarily surrendered to law enforcement, or stored by a licensed gun dealer. Penalties for possessing a gun in violation of a restraining order can mean a fine and up to a year in jail. If the person tries to obtain a gun while the order is in effect, the punishment can be up to three years in state prison.
Be safe, stand strong
If you are experiencing domestic violence, your first job is to talk to the police and make sure that you and your family are out of danger. Then you’ll want to talk to an experienced family law attorney about your situation. At Kendall Gkikas & Mitchell, LLP, we understand how complicated and difficult it can be to get out of an abusive relationship, especially when you have children with the abuser. You can rely on the attorneys at Kendall Gkikas & Mitchell, LLP to help you stand strong, in the courtroom and outside of it. Call 909-482-1422 or email info@parents4children.com to make an appointment today.
