Domestic Violence Restraining Orders in a California Divorce

Domestic Violence Restraining Orders in a California Divorce

It takes at least six months from the date the divorce petition is filed on your spouse to finalize a California divorce. Sometimes people need help immediately. For instance, a husband or wife suffering at the hands of their spouse may ask the police and the courts for protection. It may help to know more about domestic violence restraining orders and the California divorce.

What Constitutes Domestic Violence?

The actual definition of domestic violence might surprise you. It’s not just about physical violence. In fact, domestic violence includes:

  • Any kind of physical attack, including pulling hair, kicking, hitting, shoving, or throwing objects at another person;
  • Sexual assault;
  • Comments or behavior that cause someone to be reasonably afraid someone may be seriously hurt; and
  • Harassment, stalking, threats, disturbing the peace, or destruction of someone else’s personal property.

If you fear another person, you may need protection sooner rather than later.

How Does a Domestic Violence Restraining Order Work?

If someone you have a close relationship with has abused or threatened to abuse you, a domestic violence restraining order may help. This document is a court order that helps protect people in abusive situations.

You have to meet the following two criteria to ask for a domestic violence restraining order:

Another person has abused you or threatened to abuse you;

AND

You have a close relationship with the alleged abuser.

In addition to your current spouse, the following relationships might be considered close. Someone who you:

  • date or used to date,
  • have divorced or separated from,
  • has lived with you or used to live with you,
  • parents a child with you, or
  • is a close relative, even grandparents or in-laws.

You may also request a domestic violence restraining order if another person is abusing your child.

But what can a domestic violence restraining order do?

The order may tell the abuse to avoid certain behaviors, like:

  • Contacting you and your children,
  • Going to your home, work, and schools,
  • Owning a gun,
  • Approaching your pets.

What may be surprising is that a restraining order can order the abuser to move out of the home, pay child and spousal support, and pay some other bills. The subject of the restraining order may also be told not to change insurance policies, phone plans, or do anything to affect your property. Finally, the restrained person is often told to complete a 52-week batterer intervention program.

Learn More About Domestic Violence Restraining Orders

If you or someone you love are in immediate danger, call 911, a local domestic violence shelter, or the National Domestic Violence Hotline.

Please call us at (415) 293-8314 to schedule a confidential appointment with one of our attorneys. Ms. Burger is a California Certified Family Law Specialist and founder of the Law Offices of Judy L. Burger. We assist clients in California’s Northern to Central Coast, including San Francisco, Beverly Hills, Gold River, Santa Barbara, Ventura/Oxnard, and surrounding communities.