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California What if the Person I Want Protection From is Avoiding or Evading Service - Domestic Violence

State:
California
Control #:
CA-DV-205-INFO
Format:
PDF
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Description

This official form explains what you can do if the other side is avoiding personal service. California What if the Person I Want Protection From is Avoiding or Evading Service — Domestic Violence is a form of legal protection available to those who are victims of domestic violence in the state of California. This form of protection is designed to prevent further abuse and violence and can be issued by the court in the form of a restraining order. There are two types of restraining orders available in California: temporary restraining order (TO) and permanent restraining order (PRO). A TO is typically issued first, and is designed to provide immediate protection for the victim. It will typically include orders for the abuser to stay away from the victim, their home, place of work, and other places they may frequent. It can also include orders for the abuser to surrender any firearms or other weapons, and to pay temporary child support and/or spousal support. A TO is usually valid for up to 21 days, or until a PRO hearing is conducted. A PRO is a more comprehensive form of protection and is typically issued after a court hearing. It can provide long-term protection for victims of domestic violence, as it is valid for up to five years depending on the circumstances. A PRO can include all the orders of a TO, but may also include provisions for counseling services, child custody and visitation rights, as well as other forms of protection. In order for a restraining order to be issued, the victim must be able to prove that they are in imminent danger and that the abuser is avoiding or evading service of the restraining order. In such cases, the court may issue a “Pick-Up Order” that will require the abuser to be taken into custody and brought before the court. It is important to note that a restraining order is not a guarantee of safety and is not a substitute for seeking help from law enforcement or social services. If you are a victim of domestic violence, it is important to seek help from a qualified professional, such as a domestic violence advocate, to ensure your safety and to get the help you need.

California What if the Person I Want Protection From is Avoiding or Evading Service — Domestic Violence is a form of legal protection available to those who are victims of domestic violence in the state of California. This form of protection is designed to prevent further abuse and violence and can be issued by the court in the form of a restraining order. There are two types of restraining orders available in California: temporary restraining order (TO) and permanent restraining order (PRO). A TO is typically issued first, and is designed to provide immediate protection for the victim. It will typically include orders for the abuser to stay away from the victim, their home, place of work, and other places they may frequent. It can also include orders for the abuser to surrender any firearms or other weapons, and to pay temporary child support and/or spousal support. A TO is usually valid for up to 21 days, or until a PRO hearing is conducted. A PRO is a more comprehensive form of protection and is typically issued after a court hearing. It can provide long-term protection for victims of domestic violence, as it is valid for up to five years depending on the circumstances. A PRO can include all the orders of a TO, but may also include provisions for counseling services, child custody and visitation rights, as well as other forms of protection. In order for a restraining order to be issued, the victim must be able to prove that they are in imminent danger and that the abuser is avoiding or evading service of the restraining order. In such cases, the court may issue a “Pick-Up Order” that will require the abuser to be taken into custody and brought before the court. It is important to note that a restraining order is not a guarantee of safety and is not a substitute for seeking help from law enforcement or social services. If you are a victim of domestic violence, it is important to seek help from a qualified professional, such as a domestic violence advocate, to ensure your safety and to get the help you need.

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California What if the Person I Want Protection From is Avoiding or Evading Service - Domestic Violence