How Do Domestic Violence Restraining Orders Work in California?

How Do Domestic Violence Restraining Orders Work in California?

A domestic violence restraining order is a civil order entered by the court directing an abuser to stop harassing or abusing the victim. The type of abuse that may be the basis for the entry of a restraining order includes the following:

  • causing or attempting to cause the victim physical injury;
  • making the victim fear he or she or another person is in immediate danger of being harmed;
  • threatening or harassing the victim, in person or through other means;
  • stalking the victim;
  • destroying the victim’s personal property; or
  • disturbing the peace of the victim.

For the court to enter a domestic violence restraining order, the abuser must be related to the victim in one of the following ways:

  • a spouse or former spouse;
  • a person the victim is dating or has dated;
  • a lover;
  • the other parent of your child;
  • anyone closely related to the victim by blood, marriage, or adoption; or
  • a person who regularly lives in the victim’s home.

A domestic violence restraining order may provide protection for the victim’s children as well as the victim. Such a restraining order can also include other orders besides a command to stop the abuse. For example, a domestic violence restraining order may include an order regarding spousal support, custody, child support, or parenting time; granting the victim possession of a pet; removing the abuser from a home shared with the victim; or prohibiting the abuser from possessing a firearm.

A victim seeking a domestic violence restraining order must file an application with the court. The application includes a Domestic Violence Date of Birth Verification (Form FL/E-LP-640), a Notice of Court Hearing (Form DV 109), a Request for Domestic Violence Restraining Order (Form DV-100 and FL/E-LP-613), a Description of Abuse (Form DV-101), and a Temporary Restraining Order (DV-110). Additional forms must be filed if the victim is also seeking an order regarding spousal support, child support, child custody, or visitation.

If the victim is in immediate danger, the court may issue a temporary restraining order after processing the application but before holding a hearing. Regardless, the court will set a hearing, and the victim must have the abuser served with the Notice of Hearing. Service of the Notice of Hearing is usually done through the sheriff’s department of the county where the abuser lives.

The victim may bring a support person to the restraining order hearing, even if the victim also has an attorney. If evidence at the hearing shows the existence of past or present abuse of the victim by the abuser, then the court will issue a domestic violence restraining order. A domestic violence restraining order can last up to five years but lasts only three years if no termination date is stated. During the last three months of a restraining order, the victim can ask the court to extend the restraining order for another five years or permanently.

If you or a loved one has been or is a victim of abuse, consult an experienced attorney experienced in domestic violence law to help you get a domestic violence restraining order. The Law Offices of Judy L. Burger can help you get the protection you need. Call today to see how we can help you: (415) 293-8314.

Different Types of Restraining Orders in California Family Law Cases

Different Types of Restraining Orders in California Family Law Cases

An important tool to help a victim of threatened or actual domestic violence is an order of protection from the court. This civil court order, called a restraining or protective order, commands the abuser to stop the abuse or suffer punishment by the court. The type of restraining order entered depends on the process used to get the restraining order.

The restraining order entered in emergency situations is called an emergency protective order. A situation is considered to be an emergency when a police officer responds to a domestic violence call or when someone has made a report of abuse to the police. In such cases, the police can request an emergency protective order under California Family Code § 6250. The court can enter an emergency protective order without first holding a hearing, but this type of protective order is only good for seven days.

If a victim needs a protective order for a longer period of time, or if the victim wants to apply for the restraining order without police involvement, he or she may apply to the court for a domestic violence restraining order. Abuse is considered to be domestic violence if the abuser is related to the victim as a spouse or former spouse; a person the victim is dating or has dated; a lover; the other parent of the victim’s child; anyone related to the victim by blood, marriage, or adoption; or a person who regularly lives in the victim’s home.

However, before entering a permanent domestic violence restraining order, the court must hold a hearing, and the abuser must have notice of the hearing. If, after a hearing, the court enters a domestic violence restraining order, that order may specify what the abuser can and cannot do to the victim or how near to the victim the abuser can be. Such an order may also include orders regarding child support, visitation, and custody orders if the victim and the abuser have children together; orders regarding possession of a shared residence or pet; orders for spousal support; or an order prohibiting the abuser from possessing a firearm. A domestic restraining order may be entered regardless of whether the court has previously issued an emergency protective order regarding the parties. A domestic violence restraining order can last up to five years.

If you are in immediate danger, the court may issue a temporary restraining order after processing the application but before a hearing.

If you or a family member has been a victim of domestic violence, seek help from a qualified family law attorney. The Law Offices of Judy L. Burger are experienced in helping victims of domestic violence get the protection they need. Call today to see how we can help you: (415) 293-8314.