A permanent protective order is one type of protective order available to victims of domestic violence in California. California’s domestic abuse laws apply to intimate partners who are civilly united, who have children together, who are living together and who are dating and even apply to those who no longer remain together, so long as they shared one of the above listed relationships at one time. An individual who has been abused by an intimate partner may apply for a permanent protective order to indefinitely aid in his or her protection against the abuse.

A permanent protective order is the most permanent type of restraining order that California offers. When it is initially issued, it may last up to five years although, upon its expiration, the court can extend the order another five years, or even permanently, if it believes that the victim has a reasonable fear that the restrained person will continue to threaten, harass, or abuse beyond the original time frame. It should be noted that new incidents of abuse are unnecessary in order to get the order extended and that the court reserves the right to modify the order if and when appropriate.

Under this type of protective order, a judge may prohibit an intimate partner abuse offender from molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, harassing, telephoning, destroying personal property, or in any way contacting his or her partner or other specified people. The order could also exclude an offender from his or her home or from the home of his or her children. Additional specified behavior may also be prohibited under the court’s order.

If a victim of intimate partner violence wishes to obtain a permanent protective order, he or she must first file for a temporary restraining order. A victim may request a temporary restraining order “ex-parte,” which means that the partner does not need to be present when applying for the order. The order is usually granted the same day that it is requested and lasts until the “order to show cause” hearing. An order to show cause hearing takes place about two to three weeks after the temporary restraining order is issued and provides both parties an opportunity to explain why the restraining order should be extended or revoked. Depending on the evidence presented after hearing from both parties, the judge may decide that a more permanent protective order is appropriate.

Hiring an attorney who specializes in California domestic violence law can help either a D.V. victim or the alleged abuser obtain his or her desired outcome at the order to show cause hearing. The victim desiring the order may want to hire an attorney who will help ensure that his or her imminent danger is effectively communicated to the court. The individual who is defending against the order should hire a criminal defense lawyer to make sure that the judge hears both sides of the story and doesn’t simply blindly process the order out of habit. Hiring an attorney becomes even more important for a GLBT individual due to the fact that, unfortunately, our judicial system still suffers from apathy and homophobic ignorance with respect to same sex domestic violence. The gay friendly attorneys at the Kavinoky Law Firm are here to help. They understand the realities of our system and the very real hurdles that a LGBT individual may face when becoming a part of it. They are devoted to protecting their client’s rights and will do their best to make sure that every single client is treated with respect and compassion not only from the firm but from the court as well. Contact them today for a free consultation and for exceptional representation.