Domestic Violence and Orders of Protection

Posted over 2 years ago. Applies to San Diego, CA, 1 helpful vote

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All throughout the nation, the unfortunate circumstance of domestic violence occurs on a regular basis. Legal action can be taken to prevent and stop these disheartening events from taking place. Learn more about domestic violence and protective orders here.

Although most incidents of domestic violence are never reported to the police, every year over a million reports of domestic violence are recorded throughout the nation, according to the Centers for Disease Control and Prevention. Statistics from a 2007 study show that 2,340 of these incidents resulted in the death of one person. Of these fatal domestic violence instances, 70 percent of the victims were female and 30 percent were male. Overall, however, 85 percent of domestic violence victims are women. Other statistics from a similar study show that boys who witness occurrences of domestic violence are twice as likely to inflict abuse onto their partners and their children when they become adults.

Domestic violence extends far beyond physical abuse of the intimate family members. Domestic violence, sometimes referred to as intimate partner violence, is an action that can include physical, sexual, verbal, and emotional abuse; even threats of violence can constitute this intimate partner violence. If a person believes that their life is in danger due to a threat or an actual occurrence of domestic violence, it is important for them to learn more about the facts and legal options available to the family.

First and foremost, an attorney will be able to help you understand more about obtaining an order of protection. Varying state by state, there are several types of general protective orders that can be obtained if a family is in danger. An emergency protective order is one that can go into effect immediately and is one of the most common orders used when a police responds to a call for domestic violence. These orders usually only last for about a week in order to give the victim enough time to apply for a more permanent type of protection.

A temporary restraining order is another type of short term document that is in effect for about a month, depending on the specific situation. This type of protection is issued so that a victim will have enough time to schedule a court hearing and request a permanent order. Lastly, a permanent restraining order can be obtained once a hearing has been held. The regulations set in this order will vary depending upon the certain circumstances of the case and the decision of the court, but it may be granted as protection for a set number of years.

It is important to understand that while these are legal documents, they may not entirely prevent a perpetrator from coming to your home or breaking the contract. You will need to have an attorney review your case to ensure that you can obtain maximum and necessary protection in a difficult situation such as this. To learn more about related matters of domestic violence and protective orders, do not hesitate to call your local lawyer today.

Additional Resources

At the San Diego divorce law firm of Ardalan & Associates, the legal team is ready to help you and your family through any of your difficult family law matters, including divorce, child custody, domestic violence, and more. The firm understands that this will be one of the most challenging times that you have to experience, and they will help in any way possible. With over a decade of experience in this area of the law, you can trust your case to the divorce lawyers at this law firm. To fill out a free case evaluation form, contact a San Diego divorce attorney at the office today.

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