Civil harassment restraining orders are one type of protective order available to victims of domestic violence. In California, domestic violence laws apply to disputes between intimate partners. Intimate partners, within the GLBT community, include those who are civilly united, have children together, are living together or are dating and include partners who formerly shared one of those listed relationships. Unlike criminal protective orders, a civil protective order doesn’t require that the person seeking the order and the restrained individual share an intimate relationship, even though they often do. Although it is common for a victim of intimate partner abuse to file for a criminal protective order, it is advisable that he or she applies for a civil protective order as well. A skilled domestic violence attorney can help explain the importance of having both orders and will aid in the requesting party’s attempt to successfully obtain both.

Although civil protective orders and criminal protective orders can offer the same protection to victims of domestic abuse, the proof necessary to obtain the orders is different. When requesting a criminal protective order, the individual seeking protection doesn’t need to be a victim of actual violence. For example, the requesting party can obtain the order if he or she is a victim of harassment, disturbing telephone calls, unwanted e-mails or verbal abuse. However, when requesting a civil protective order, the individual seeking protection must prove that he or she is the target of actual violence or is reasonably in danger.

The process for obtaining a civil protective order is almost identical to obtaining a criminal protective order, except that the requesting party applies for a civil harassment order instead of a domestic violence protective order. Another difference is that there may be a fee for applying for a civil protective order whereas the fee for an intimate partner violence protective order is waived. Both processes involve an application for a temporary restraining order and then an “order to show cause” hearing to determine if the order is warranted. In the civil process, there must be reasonable proof that the accused is actually guilty of abusing the requesting party.

In general, a civil protective order will prohibit the restrained individual from coming within a certain number of yards from the protected party. However, depending on the circumstances, the order can be much more restrictive and can include the same protections available under a criminal protective order. Unless a specific end date is listed, the order will expire three years after being issued, which is another difference between the criminal and civil order. A criminal order may expire based on the occurrence of specific situations, where a civil order will not expire until the stated date.

Anyone who is either seeking a civil harassment restraining order or who must defend against one should contact an attorney to help ensure a favorable result. A gay, lesbian, bisexual or transgender individual who is either seeking a civil harassment restraining order or who must defend against one must immediately contact a LGBT supportive attorney in order to make sure that the pervasive apathy, fear and ignorance that such an individual may encounter within the judicial system do not become a barrier to his or her safety if seeking to obtain an order or to his or her freedom if defending against one. The gay friendly attorneys at the Kavinoky Law Firm are devoted to protecting their client’s rights with skill and integrity. They have helped countless individuals affected by domestic violence, treating each with compassion and respect. Contact them today for a free consultation and for unparalleled representation.