Going through a domestic violence situation can be extremely difficult. Most domestic violence cases involve women, although men are also victimized. According to the National Coalition Against Domestic Violence (NCADV), in the U.S, almost twenty people are abused by their domestic partner every minute. While most domestic violence cases tend to be physical, there are many ways abuse can happen. Verbal abuse is often seen in most domestic violence cases. What can you do if you are in such a situation? The Ventura protection from abuse lawyers at the Law Offices of Bamieh and De Smeth explain more about protective orders for verbal abuse in California.
Can I Request a Protective Order for Verbal Abuse?
If your spouse or someone you had a previous relationship with verbally abuses you, you can file a domestic violence protective order. According to California Courts, you can file a domestic violence protective order for different reasons. For instance, if you were abused by another person (spouse, ex-boyfriend, etc.) or if you have a child who is being abused by another person, you may be able to file a protective order.
There are different things a restraining, or “protective order” can do for you. Some of the things you can achieve by requesting a protective order include:
- Stopping the respondent from contacting you or your children
- Keeping the respondent away from your house, work, or any other place you usually visit
- Forcing the respondent to move out of your home if you are in danger
- Pay for child support
- Pay for spousal support
There are many other things a protective order can do for you, and some of these options apply to verbal abuse and harassment. This is especially true for people experiencing psychological and emotional verbal abuse from another person’s actions.
A skilled California attorney for domestic violence victims can help you through the process.
What is a Protective Order?
A protective order is a judge-issued written command instructing a person to do something or not do something. These petitions are often requested “ex parte,” meaning only one party appears in court to request a protective order. The protective or restraining order has specific conditions the respondent – the person who receives the order – must follow. There are three main types of restraining orders in California:
Emergency Protective Orders
Emergency Protective Orders (EPOs) are protective orders requested by police officers who have reason to believe a person is in imminent danger of domestic violence. Officers can request an EPO at any moment. However, to be valid, the officer must meet specific criteria. For instance, the officer must show there is sufficient reason to believe a person is in danger to convince a judge to grant the order. The order takes effect upon approval, and it can last up to a week.
Temporary Restraining Orders
A judge will issue a Temporary Restraining Order (TRO) if he or she believes a person is in danger and the potential victim requests the order. These types of injunctions can last up to 25 days before the subject of the restraining order has a chance to respond in court. During this period, the respondent is forbidden from engaging in any contact with the petitioner that the order discusses. If the respondent violates the issued order, they can face serious consequences such as fines, jail time, or prison time.
Permanent Restraining Orders
These orders are issued in a hearing after a TRO is issued. During this hearing, the presiding judge can determine if the petitioner needs a permanent protective order, or whether the TRO should be renewed or dismissed. If granted, a Permanent Restraining Order (PRO) can last up to 5 years, depending on the nature of the order.
What Counts as Verbal Abuse in California?
Verbal abuse is common in domestic violence cases. Words can be accompanied by the use of physical force against one spouse. However, depending on the nature of the words, they can be enough to be considered abusive or harassment on their own.
For instance, negative words towards a person can be emotionally and psychologically damaging. This type of abuse can take many different forms. Some of the most common types of verbal abuse include threats or annoying and disturbing phone calls, e-mails, and other communications.
Commonly, verbal abuse is used by a spouse to exert control over the other spouse. For instance, if a spouse changes his or her tone of voice and demeans you because he or she does not want you to see friends or relatives, you can be facing a verbal abuser. The same can be said if a spouse constantly harasses the other spouse to make him or her do something.
California Family Law Attorneys Handling Verbal Abuse Restraining Orders
If you or a loved one is going through a domestic violence situation, you need immediate legal representation. Our Ventura family law attorneys understand how difficult the process can be for domestic violence victims. Thanks to our years of experience, we know what it takes to guide you through the process of filing for a restraining order or order of protection. To learn more about your case in a free, confidential consultation, call the Law Offices of Bamieh and De Smeth today at (805) 585-5056.