California defines same sex domestic violence as abuse occurring between intimate partners who are or were civilly united, who have children together, who are or were living together and who are or were dating.

Under domestic abuse law, temporary and permanent restraining orders specifically prohibit an individual from engaging in specific acts of abuse, returning to his or her home and/or acting in manner specifically forbidden in the order. California offers four types of protective orders that apply to DV situations: Emergency protective orders, temporary restraining orders, permanent protective orders and civil harassment restraining orders.

A court issues an emergency protective order based on an officer’s declaration that reasonable grounds exist to believe that an individual is in immediate and present danger of intimate partner abuse, that a child is in immediate and present danger of abuse or abduction by a family member, or that an elder or dependent adult is in immediate and present danger of being abused by a family member and that the order is necessary to prevent the occurrence. An emergency protective order lasts between five and seven days.

A temporary restraining order (commonly called a TRO) is an order issued by a judge that instructs the restrained party to stop the abuse or face serious legal consequences. Unlike an emergency protective order that is issued based on an officer’s belief that it is necessary, a victim may personally apply for a TRO if he or she believes that protection is immediately necessary. The individual may apply for the TRO “ex-parte,” which means that the partner doesn’t need to be present. The temporary order will last up to 15 days, or until the protected party is assigned a court hearing, which will usually be set about three weeks out.

Permanent protective orders are available if the victim prevails at his or her court hearing. A permanent protective order typically lasts up to five years but can be extended another five years, or even permanently, if the court believes that the restrained individual will continue to threaten, harass, or abuse his or her partner. It should be noted that new incidences of abuse are unnecessary in order to get the order extended.

Civil protective orders are similar to the above three criminal orders, except that they are issued by a civil judge, not a criminal judge. The orders may include the same restrictions as the other orders but usually expire upon a specified date. If the order has not been dated, it expires three years after it was issued. It is a good idea for a D.V. victim to ask for both types of orders (criminal and civil) because the criminal order may expire upon certain events while the civil order does not terminate until its specified date.

A protective order issued against an accused severely impacts the relationships with his or her intimate partner, children, family and friends. If found in violation of that order, the defendant will additionally suffer jail time and/or fines. A knowledgeable criminal defense lawyer will investigate the criminal charge and help tell his or her client’s side of the story. The experienced attorney will expose false charges, highlight discrepancies between witness accounts and address any extenuating circumstances that may have led to the violation.

Gay, lesbian, bisexual or transgender victims seeking a protective order may encounter law enforcement officers and/or judges who are either homophobic or who may be apathetic to the abuse that takes place within a same sex relationship. The GLBT supportive, experienced domestic violence attorneys at the Kavinoky Law Firm can help a victim apply for a protective order in a way that will help convey its urgency and necessity to the court without inviting any potential bias. In addition, the gay friendly Kavinoky attorneys have helped countless individuals defend against protective orders with skill and integrity. Whether seeking a protective order or defending against one, the attorneys at the Kavinoky Law Firm will prove invaluable. Contact them today for a free consultation.