Both men and women can be involved in domestic violence. The term domestic violence applies to many different levels of violence that can create a situation that poses a very real danger for the spouse who is being victimized. When these situations arise in California, the victim can seek a domestic violence restraining order against the other partner.
A restraining order can involve both criminal and civil implications for the party who is the assailant. Once a restraining order has been granted by a judge, the order requires the assailant to avoid contact with the victim. A violation of a restraining order can be penalized with jail time.
Domestic violence restraining orders are essential protections for a victim of abuse, but need to be addressed properly by an experienced attorney to ensure the restraining order is granted by the court. A tragic event happened to a California woman that highlights the importance of obtaining a restraining order.
The woman was in an emergency situation with her estranged husband when she contacted the local police to request a restraining order against her husband. The restraining order request was presented to a judge who denied the request. The judge stated the request was denied because there was no finding of a present danger from the husband.
Following the denial, the woman sought the assistance of her attorney to obtain a new restraining order. As the woman was leaving her attorney’s office, her husband shot her and then shot himself. An experienced attorney can help a victim of domestic violence obtain a restraining order when it is needed and also ensure the restraining order is enforced against the assailant to ensure the victim is protected.