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Getting a Domestic Violence Restraining Order

If you are seeking a Pasadena divorce as the result of domestic violence, you should think about getting a domestic violence restraining order as part of your overall personal safety plan.

A restraining order is a court order that prohibits the person from contacting you or being physically near you. A domestic violence restraining order can be issued if your partner has abused or is threatening to abuse you. Abuse includes physical abuse, sexual abuse, harassment, stalking, or destroying personal property.

A domestic violence restraining order can compel your ex to move out of your shared home, not have a gun, pay certain household expenses, and/or return your property. If your ex is abusing your children, you can file a separate order on their behalf or have them file their own order if they are at least twelve years of age.

There are several different types of restraining orders. The type of order you receive will depend upon the seriousness of the problem and the level of immediate threat your ex poses. An emergency protective order lasts for up to seven days, a temporary restraining order is normally valid for between twenty and twenty five days, and a permanent restraining order lasts for up to three years. A criminal protective order, or "stay away" order, is issued if the state has opted to file criminal charges against the abuser.

Once you have a restraining order, it is entered into a database that all California law enforcement officers have access to. The penalty for violating a restraining order can include jail time and/or fines.

Restraining orders are valid nationwide. You do not need a new restraining order if you leave California, but you will need to contact the local police to discuss your situation.

If the person you are obtaining a restraining order against is not a United States citizen, the order may affect his or her immigration status. Ask a Pasadena family law lawyer with experience in immigration law for additional information.

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