A recently passed state law allows California judges to renew domestic violence protection orders, wiping out inconsistencies that saw the orders up for renewal every five years or have a permanent designation. The new law, passed in 2022 by the California state legislature, allows the extension of the protection order without showing proof of further abuse.
Who can apply for a domestic violence protection order?
Under family law, anyone who has suffered domestic violence or has been threatened with abuse from a spouse or domestic partner, a former spouse or domestic partner, a significant other-co-parent or other closely related individuals can file for an order of protection. The orders protect men as well as women because one in three women and one in four men have suffered domestic violence at the hands of an intimate partner.
Even though violations occur in at least half of civil restraining orders, legal experts note that this law is one of the most effective ways of reducing violence and saving lives. In addition to prohibiting individuals from having contact with a plaintiff, these orders can bar the abuser from contacting the victim, owning a firearm, changing insurance policies or other acts as directed by the court.
Protecting yourself from false domestic violence claims
Although California’s law and others like it have produced an overall positive effect as it brings domestic violence to light, some individuals have used it negatively as a way to get back at their partner in divorce proceedings or during the end of a relationship. Fabricating events for personal gain can have serious consequences.
If you have been unjustly accused of domestic violence and have an upcoming case involving the charges, it’s in your best interest to prove that these claims are false. With the change in the law, you may suffer permanent consequences that will affect your entire life.