What is a Domestic Violence Restraining Order?

January 24, 2023

A California domestic violence restraining order, also known as a “protective order,” is a court order that is designed to protect individuals from domestic violence. This type of order is typically issued in cases where one person in a domestic relationship (such as a spouse, partner, or family member) has been the victim of physical, emotional, or verbal abuse. The restraining order can be issued against a current or former spouse, cohabitant, or someone with whom the victim has had a dating relationship.

When a domestic violence restraining order is issued, the respondent is ordered to stop the abusive behavior and to stay away from the petitioner and any other protected individuals. The restraining order can also include other conditions, such as requiring the respondent to move out of the shared residence, to turn over any firearms, or to attend counseling.

In order to obtain a domestic violence restraining order, the petitioner must file a request with the court. The request must include a statement of the abuse that has occurred, as well as any supporting evidence such as police reports, medical records, or witness statements. The court will then schedule a hearing to determine whether a restraining order should be issued.

If the court finds that the evidence presented at the hearing shows that the victim is in danger of domestic violence, it will issue a temporary restraining order. This order will remain in effect for a limited time, usually no more than 21 days, and a hearing will be scheduled to determine whether a longer-term restraining order should be issued.

At the hearing for a long-term restraining order, both the petitioner and the respondent have the opportunity to present evidence and testify. If the court finds that the abuser has engaged in domestic violence, it will issue a long-term restraining order. This order can last for up to 5 years and can be renewed for additional 5-year periods if necessary.

It is important to note that a domestic violence restraining order is a serious legal matter and should be taken seriously by both the petitioner and the respondent. Violating a restraining order can result in criminal charges and can result in fines, imprisonment, or both.

It is also important to note that a domestic violence restraining order is not the only solution to domestic violence. It can provide protection to the respondent and other members of the household and help prevent further abuse. However, it is not a guarantee of safety and it’s important for the petitioner to have a safety plan in place.

Contact Us for Help in Southern California

If you need to file a domestic violence restraining order or you believe you had a restraining order unfairly served on your, then contact the Law Offices of John D. Rogers today. Call us to schedule a free confidential consultation with an experienced Orange County restraining order attorney.

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