Kings County Restraining Order Lawyer

Kings County Restraining Order Attorney

Safety and security are basic human needs. No matter how tough we may be, knowing we are safe allows us to sleep at night. Unfortunately, there are many in Kings County that do not have that feeling. Whether from long-term abuse or from an instantaneous moment of danger, feeling safe seems out of reach. With the help of a Kings County restraining order lawyer, however, not only can you experience that feeling again, but you will have the time you need to create a long-term solution.

The team at Carlos Navarrete Law Firm, your trusted family lawyer in Kings County, knows how disheartening it is when those who are supposed to be closest to you make you a victim in your own home. From sexual assault to threatening behavior to physical violence, victims deserve protection from these crimes, and they deserve someone who will fight for them. Our team works hard to ensure you are protected from your abuser.

Domestic Violence

Victims of domestic violence are subject to violence, threats of violence, and abuse from those who live in the same home. Because these acts are most often the result of a family member, they can be particularly difficult and overwhelming. These are individuals with whom you may choose to share a life. They agreed to protect you, love you, and create a home that is supportive and nurturing.

Domestic violence can present itself in several different forms. While these instances are crimes in and of themselves, they are categorized as domestic violence when they occur within the home, such as spouse to spouse, parent to child, or one household member towards another. Types of domestic violence include:

• Physical violence. This includes any physical contact such as punching, hitting, kicking, or any other type of striking an individual. In some cases, physical violence towards pets could be considered domestic violence as well.
• Sexual abuse. These are often considered some of the most serious types of crimes, particularly when they are against those in the household. Actions such as rape, molestation, or other sexually related crimes can occur against children, spouses, or others within the household.
• Intimidations or threats. Physical harm is not the only form of abuse that can be classified as domestic violence. Emotional abuse in the form of threatening or intimidating behavior can also be part of it. Causing someone to live in constant fear can create mental anguish that punishes the victim.

These are just a few of the ways in which domestic violence can be a part of a relationship or household. Any type of mental or physical anguish brought upon you by someone living in your home should be evaluated by a lawyer in Kings County who may help in acquiring a restraining order against the perpetrator.

Acquiring a Restraining Order in Kings County

Protective orders, more commonly referred to as restraining orders, are a way in which victims of domestic violence can create the distance they need from the perpetrator to get the help they need. Restraining orders create this space in several ways. They prevent:

• Contact between the perpetrator and the victim
• Harassing, threatening, or violent behavior towards anyone named on the restraining order
• A close physical proximity by mandating specific distances be kept
• The victim and the perpetrator share a home, often with the perpetrator being told to move
• The perpetrator from having access to guns, weapons, or ammunition

They could also require mandated spousal support payments and child support payments if the victim and perpetrator are married and share children.

While you can file an application for a restraining order without a lawyer, they can provide further help in ensuring you are protected and free from additional violent or threatening behavior, as well as trying to keep you and others in your household safe.

Importantly noted, California law also provides that children above the age of 12 do not need an adult in order to apply for a restraining order.

FAQs About Kings County, CA Restraining Order Laws

Can You Seal a Restraining Order in California?

Generally speaking, a restraining order in California is not eligible to be sealed as that process is mostly reserved for criminal proceedings, and restraining orders are considered civil. However, under California Rules of Court Rule 2.551, a person may file an application to have a restraining order against them sealed. An attorney can help review the circumstances of your order and work with you to process the application.

Why Would a Judge Deny a Restraining Order in California?

A judge denying a restraining order in California may seem unacceptable. However, judges are granted the authority to make tough decisions in their courtroom. If a judge denies it, it is likely because the person seeking the restraining order has not been able to prove the perpetrator has committed a violent or threatening act toward the applicant. However, when an application is filed, a temporary restraining order may be put in place until the court can sort the details.

What Grants a Restraining Order in California?

Granting a restraining order in California is a right reserved for judges in the county in which the order is applied. They will do so when circumstances of threats to harm a person mentally or physically occur within a shared home. While a judge will grant the restraining order, police will be used to enforce it.

How Do You Fight a Restraining Order in California?

Fighting a restraining order in California can occur for a number of reasons. A person may wish it to be modified, ended, or not issued at all. A petition must be filed with the court to end or modify a restraining order. They will review the circumstances and make a determination. If someone is applying for a restraining order against you, you should seek the help of an attorney who can help you fight back if you feel the circumstances are unjust.

Contact a Kings County Restraining Order Lawyer Today

Victims of domestic violence deserve help. At Carlos Navarrete Law Firm, our team knows the challenges victims face and believes in protecting them. We use our knowledge and experience to help victims fight back against their abusers. With a restraining order, you can create the space you need to work on a long-term solution that allows you and your family to move forward safely. Contact our offices today and let us be the help you deserve.