The Law Offices of Michelle Evans provides family law and estate planning services,
helping people in the communities of Westlake Village, Thousand Oaks, Simi Valley,
Moorpark, Camarillo, Oxnard, Ventura, Carpinteria, Santa Barbara, Ojai, Goleta, Santa
Maria, and the Santa Rosa Valley.
Michelle Evans is a California State Bar Certified Attorney with offices in Ventura
County and Santa Barbara County. Family Law issues include: Divorce, Spousal / Child
Support, and Child Custody.
The Law Offices of Michelle Evans Copyright � 2014 All Rights Reserved
If you or your children are in an unsafe or dangerous situation, it is extremely
important that you get the assistance from the California legal system that you need,
and that you get it quickly. A restraining order, sometimes called an order for protection,
will outline what contact (if any) is permitted between a person who has formerly
committed violence or threats against another person. Restraining orders/protection
orders are there to protect you and your family from abusive situations. At the Law
Offices of Michelle Evans, we handle situations involving domestic violence and restraining
orders in Santa Barbara and Ventura County.
A restraining order can be filed against an abusive spouse, ex-husband, ex-wife,
domestic partner, lover, parent, the father or mother of your child, someone you
are dating, or anyone that you are related to by blood, marriage, or adoption. Domestic
violence can be physical, verbal, written, or sexual. Threatening to commit a violent
act can also be grounds for a restraining order.
A restraining order can also be against the boyfriend/girlfriend of an ex-spouse/partner,
or someone not related to you by blood. These are civil harassment restraining orders,
and are a different process than ones for domestic violence described above. The
Law Offices of Michelle Evans has experience in both types. Depending on the severity
of the circumstances, the District Attorney can also get involved in prosecuting
an individual for acts of domestic violence.
The types of restraining orders fall into the below categories:
Domestic Violence Temporary Restraining Order: For a domestic violence victim, this
type is normally effective for approximately a few weeks. Once a Temporary Restraining
Order has been obtained, the court will set a date for the parties to return to court
on the issue of making the Temporary Restraining Order a Permanent order, which can
last for a maximum of 5 years in California.
Emergency Protective Order: This type is for domestic violence victims for their
immediate protection and safety when a threatening situation is clearly present.
It is usually only valid for a few days, long enough to give the victim time to
go to court and obtain a more permanent order.
Civil Harassment Restraining Order: This type is used to stop harassment, threats,
or stalking, by roommates and co-workers, neighbors, or the boyfriend/ lawyers girlfriend
of an ex-spouse or partner.
Criminal Protective Order: Issued in active domestic violence cases and is obtained
through the criminal court system instead of the family law courts, and will involve
the District Attorney.
Facing a Restraining Order
Due to the relative ease with which a temporary restraining can be obtained, it's
not unusual for an angry ex-spouse, boyfriend / girlfriend, to use one to make someone's
life difficult. Since they can be issued without notice to the other party in certain
circumstances, they can cause substantial disruption to your life. Not only may you
be unaware when one is issued against you, once it is in effect you can be arrested
if you are alleged to have violated the restraining order. As a result, a restraining
order has the potential to turn into a serious criminal charge and create further
problems - especially when child custody or visitation is involved.
Defense of Persons Accused of Domestic Violence
In divorce and child custody disputes, one party may use a false accusation of domestic
violence in order to gain an advantage. We also defend the rights of persons accused
of domestic violence or charged with domestic battery. At the Law Offices of Michelle
Evans, we take action in cases where a restraining order is clearly being used to
complicate our client's life and leverage certain issues in a divorce or family law
dispute, instead of for it’s true and intended purpose.
Contact Our Law Office About Restraining Orders
If you need to pursue a restraining order, or if you need to defend against one,
contact us to discuss the details of your situation. In matters of domestic violence,
civil harassment, and restraining orders, we can help. Call 805-242-6270 or send
us an email.