What a domestic violence restraining order does
A domestic violence restraining order can protect a spouse, partner, child or family member from abuse, which California defines broadly to include harassment, threats and disturbing the peace. The order can require the restrained person to stay away, stop all contact, move out of a shared home, and surrender any firearms.
How the process works
- Temporary order. A temporary order can often be issued within a day, based on the written request.
- Full hearing. A full hearing is set approximately three weeks later, where both sides can present evidence and testimony.
- Permanent order. After the hearing, the court can issue an order lasting up to five years, which can be renewed.
Effects beyond the order itself
These orders can also include temporary custody, visitation, support and control of property, so they often affect the rest of a family law case. A finding of domestic violence can create a legal presumption against awarding custody to the restrained parent, which makes the hearing especially important for parents.
Requesting or responding
The firm represents people asking for protection and people responding to a request. In either role, evidence matters: texts, emails, photographs, police reports and witnesses. Keep everything, and do not contact the other party in violation of any temporary order.
Family Code §§ 6200, 6203, 6320, 6340, 6345, 3044