Domestic violence situations are untenable situations to be in, and the victims in these matters often suffer greatly before they get any assistance. Not because the authorities and other organizations are not willing to help, but because many times victims of domestic violence are too scared to reach out for help.
With that being said, this type of violence is really hard for the police, the courts and social service entities to get a handle on because it often goes unreported. However, when a Newport Beach domestic violence victim decides to report the incidents of violence, there are legal steps that can be taken to protect the abused and to promote his or her safety.
There are a number of different types of protective orders, stay away orders and the like that are available to domestic violence victims. In order to initiate an order of this nature, however, the party being domestically abused will have to go to the courts and fill out the appropriate paperwork for the order. There are differences among the various orders that can assist in these situations. A restraining order is a protective order that allows the court to tell one party that is allegedly causing the abuse not to contact the victim. The purpose of a restraining order is to protect the victim.
A domestic violence restraining order is an order of protection particular to domestic violence. To qualify for a protective order based on domestic violence, certain criteria must be present. This order requires that the person filing bas been abused or under the threat of abuse; and, be in a close relationship with the abuser. A close relationship is considered marriage, domestic partnership, cohabitants and the like. Once it has been determined that the criteria are satisfied, then the courts will most likely rule in favor of a restraining order