Definitions of domestic violence can range from the use of abusive language to the instigation of physical violence. If you are living in a situation where these or other abusive behaviors are exhibited, you might be wondering what your options are. The state of California allows for ex parte protective orders that can be issued on an emergency basis, and there are some benefits that such an order may be able to provide. The following three factors are important to take into consideration.
Exclude the culprit from a common dwelling
According to the California Rules of Court, an ex parte protective order is intended to shield vulnerable parties from harm an abusive individual may perpetrate. In situations where a perpetrator and victim share a dwelling, this may include excluding the culprit from the dwelling. This can be achieved through a protective order which indicates that the individual in question must vacate the common dwelling.
Dictate custody and visitation arrangements
In situations where children are involved, a protective order can commonly be used to establish custody and visitation arrangements to limit the exposure to violence or abuse. Whether or not the violence has been directed at your children, you should be proactive in considering the impact such an environment will have on them.
Take control of property and assets
Another benefit of an ex parte protective order is its power to grant control over property and assets that are shared. This means you may be charged with management of real estate or other assets that are mutually owned by you and the party you are seeking protection from. The order can also bar both sides from harming or disposing of the other's personal property.
The most important thing in any abusive situation is to get yourself and any children to safety as soon as possible. Contact a lawyer familiar with domestic violence cases right away.