Domestic violence and abuse affect a great number of people across the United States. According to statistics, over 33 million men and women in the country are victims of abusers that are in a close relationship to them. There are many ways wherein the victim of domestic violence abuse can seek help in order to become free from this toxic environment. One of the most effective and popular ways to keep an abuser at bay is by filing a domestic violence restraining order. There is no need to file for divorce or legal separation in order to get the restraining order.
A restraining order is a sure-fire way to keep you and your loved ones safe from a troubling situation and the person that has bestowed abuse. It can be obtained by filing a petition in the Superior Court. While it is not the only recourse, a restraining order has the following benefits:
A Legal and Binding Way to Prevent Contact
Although Judges are reluctant for one parent to withhold children from the other parent, if the abuse gets physical and, especially, if the abuse affects the children, a restraining order is mandatory. The restraining order gives you the legal justification to keep yourself and your children away from the abuser. The abusing parent may get visitation, but it could be very limited and, often, supervised. Failure to protect you children from abuse could result in child welfare services intervening and the placement of your children with foster parents. You have a duty to protect your children.
Removal of the Abuser
If the abuser refuses to vacate the home or property at which you and your family are living (regardless of who owns the home), a restraining order can result in the removal of the abuser. Having this option will ensure that you do not have to suffer another day with the threat of further abuse.
There are some cases that are more severe than others. While every type of abuse deserves attention, a restraining order can provide a family with options for relocation should the circumstances be dire enough.
You do not have to suffer alone. There is a lawyer in Chula Vist, California that can help! Contact Garry J. Bowman Attorney at Law to find out whether you can obtain the order that you need to stop being a victim.