1. Restraining and Protective Orders Are the Same

While both restraining and protective orders keep people safe, they are different. A protective order typically provides an immediate remedy for the affected person, such as jail time for anyone who violates it. A restraining order works in a more limited method but still provides legal recourse for anyone affected.

2. A Restraining Order Can't Help With Domestic Violence

According to the Journal of American Academy of Psychiatry and the Law, California alone maintains around 880 protection orders per 100,000 adults. Of these orders, between 84% and 92% are for domestic violence. Restraining and protection orders help in domestic violence cases by keeping the aggressor away from the affected party and their children and ensuring they stay healthy.

3. You Can't Get a Restraining Order While Married to the Abuser

Anyone can get restraining orders, even if they're still in a relationship with or married to someone. While courts strongly encourage abused people to leave their partner, they don't refuse protective orders if they can keep that individual safe. As a result, many restraining orders exist for married couples, which force someone, usually the abuser, to find a new residence while it remains in effect. In some cases, however, the abused member may simply leave the home to avoid confrontation.

4. You Need Proof to Get a Restraining Order

Currently, there isn't a requirement to provide evidence of abuse to receive a restraining order. While this evidence improves your case and may help in criminal or civil cases, you can file a restraining order whenever you want. This is because courts consider a restraining order an important protective measure to help an abused person escape violence while pursuing legal recourse.

Breaking through the myths about restraining orders can ensure you understand this process. It can also help you know when to get one to protect yourself and your children. If you need help getting a restraining order and still feel uncomfortable with this process, contact Nigel Villanueva today to learn more.