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When someone has suffered as a victim of domestic abuse, the laws of California allow for that person to take certain steps that provide him or her with a degree of legal protection. While these steps can seem somewhat simple, the fact of the matter is that maintaining a protective order against someone who is accused of domestic violence can require the experience and skill that’s possessed by experienced San Diego protective orders lawyers so that this period of relative peace and safety can continue. Below is a look at the different types of protective orders available in California.
An emergency protective order, or EPO, is generally designed to provide immediate relief and safety for those who are allegedly suffering from domestic abuse. These EPO's are generally used by law enforcement officials to secure the safety of an alleged victim, but they are also short in duration, as they generally only last for five days. However, they can be obtained quickly and the consequences of violating an EPO can be severe.
A temporary restraining order, or TRO is generally a well-known step that can be taken against someone who the law sees as needing protection. These types of orders are also commonly pursued in cases of domestic violence, and they are usually in effect for a period of three weeks. However, these orders can be contested by the accused and they can be extended for cause to a period of up to three years.
A criminal protective order, or CPO, is usually obtained by a prosecutor’s office in response to several different situations where the possibility of a violent crime being committed exists, and this includes domestic violence situations. Basically, these orders prevent any type of contact whatsoever with the alleged victim.
While these types of orders are possible in domestic violence situations, they are most commonly used in situations where someone is being stalked or harassed in some way.
As stated earlier, the process of obtaining a protective order in cases of domestic violence can be somewhat straightforward, but now is not the time to take a chance on having it not be granted. In addition, the accused can appear in court to contest the validity of a temporary restraining order and these orders often need to be extended both in terms of their duration and in terms of the specific conditions that apply regarding types of attempted contacts.
If you are suffering because of an abusive domestic partner, you need to take action to protect yourself. Contact the San Diego protective orders lawyers at the Law Offices of James D. Scott today to move towards securing the legal protection you need to provide yourself with the time necessary to decide how to extricate yourself from this situation permanently.
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