Protective Order in California: Safeguarding Victims of Domestic Violence

PROTECTIVE ORDER
In the California, protective order law generally covers the domestic violence cases. The
protective order enforceable up to three year; however some cases it may be for the permanent
basis. The protective law assists in the safeguarding of the person along with their family in
which they live or closely related to them (Matsuda, 2018).
Family code section 6320, states about the basis for the protective orders. In the case of sexual
harassment, hammering, arresting, bullying, nuisance and many other cases, the court may issue
the order for protection of community. The persons who suffered from the domestic violence
have many civil and criminal defenses, by which they can protect themselves from the further
violence. However, it is not essential that by these orders, the abuser would stop doing offence,
although it may give the options to the victims to call for police and detained the abuser. There
are sometimes of protective orders, which can be issued by the court such as emergency
protection order, protection order and restrictive order (De Stefano, 2015).
In the emergency protection order, if the police face the situation of the domestic violence then
they may order to any one of party to leave the home, generally to the abuser. However,
sometime there may be chances that the police may order the wrong person for leaving the
house. The emergency protection order is normally for the three or seven days, but the victim
may request for the extension of the time period.
The protection orders is generally for the three to five years, however in some cases it may be for
the life time. In the protection order, the court may order for restricting the abuser from the
messaging, calling and communicating with the victim. Along with this, there are several
provisions such as stay away, counseling provision, and move out provision and so on, which
can be ordered by the court under protection order.
Under the restraining order, the court may order to restrain the parties for something to do or not.
However the party may take the permission of the ex parte order, in which they can do
something without showing to another party (Wintemute, Frattaroli, Claire, Vittes & Webster,
2014).