| A temporary restraining order
is one type of protective order available to victims of domestic
violence. In California, domestic abuse laws apply to intimate
partners, regardless of their sexual orientation. With respect
to the gay, lesbian, bisexual and transgender community, intimate
partners include those who are or were civilly united, those
who are or were living together, those who are or were dating
and those who have children together. An individual who is
being abused by an intimate partner may apply for a temporary
restraining order to aid in his or her protection against
his or her abuser.
Temporary restraining orders (commonly called
TROs) are designed to protect a victim of intimate partner
abuse from further harm. Although a TRO falls under the category
of domestic violence, the individual seeking the protection
doesn’t need to be a victim of actual violence. In addition
to protecting against violence, a temporary restraining order
can prohibit the restrained person from harassing, stalking,
threatening, telephoning, mailing or otherwise coming within
a certain distance of the protected person. It is an order
made by the court that states that the named person must refrain
from particular acts and must stay away from particular people
and places. A victim may request a TRO “ex-parte,”
which means that his or her partner does not need to be present.
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
allows both parties to explain why the order should be extended
or revoked.
Once the court has heard from both parties, it may decide
that a more permanent protective order is appropriate. Depending
on the evidence presented at the hearing, the judge may prohibit
the restrained person from engaging in specified acts and/or
from being in designated places. This permanent order can
last for years and may be indefinitely extended as circumstances
warrant.
A true victim of intimate partner violence requires a temporary restraining order to help ensure his
or her safety and the safety of his or her children. Contacting
an attorney to aid in securing this order should be the victim’s
first mission. A knowledgeable GLBT friendly attorney can
make sure the application is in proper order and that the
reasons for requesting the order are articulated in such a
way that a victim who has already suffered so much at the
hands of his or her partner will not continue to be victimized
by a judicial system so often fraught with homophobia and
indifference towards homosexual victims. The attorney will
ensure that the judge understands the imminent need for the
victim’s protection in a way that convinces the court
to leave any personal biases aside.
Unfortunately, there are cases where a TRO
is sought against an individual for frivolous or unlawful
reasons. Many times, the so-called “victims” of
domestic violence are in fact abusing their partners and obtaining
an order against that partner is simply another form of that
abuse. When that is the case, it is the restrained individual
who should immediately hire an attorney. The criminal defense
lawyers at the Kavinoky Law Firm know that intimate partner
abuse is always two-sided and they will help ensure that the
judge and jury not only hear their client’s side of
the story but believe it as well.
Whether an individual
is the victim or the alleged abuser, hiring an attorney who
is experienced in California domestic violence law can help
either side get his or her desired outcome at the order to
show cause hearing. The gay supportive attorneys at the Kavinoky
Law Firm specialize in D.V. cases and have helped countless
individuals, both straight and gay alike, obtain and defend
against temporary restraining orders. Contact them today for
a free consultation and for the best representation. |
