Suppose you are someone who has been a victim of domestic violence. In that case, you are probably considering filing a restraining order against the person responsible for putting you in such a situation. The first thing you must understand about the process is that it can be somewhat confusing. It’s best to consult with a restraining order attorney to discuss your situation and the steps to take to have a restraining order put into effect.
Talk to one of our restraining order attorneys, experts in handling DVRO cases under the Los Angeles, CA law.
What Is Domestic Violence?
According to the California Courts, “Domestic violence is abuse or threats of abuse when the person being abused and the abuser are or have been in an intimate relationship (married or domestic partners, are dating or used to date, live or lived together, or have a child together). It is also when the abused person and the abusive person are closely related by blood or marriage.”
Moreover, domestic violence laws say that “abuse” means:
- Sexual assault;
- Physically hurting or trying to hurt someone, purposely or carelessly like hitting, kicking, pushing, pulling, shoving, throwing, etc.;
- Making someone considerably afraid that they or someone else are about to be dangerously injured (like threats to harm someone); or
- Behaviors like harassing, stalking, disturbing someone’s peace, or destroying someone’s personal property.
What Is A Domestic Violence Restraining Order
Domestic violence restraining order an official court order that protects someone from continuously being harmed by the person accused of causing the abuse or threats.
A victim can file for a restraining order based on the following situations:
- A person has abused and threatened the victim once or multiple times; and
- The person causing harm has an intimate or close relationship with the victim like registered marriage or domestic partners, live-in partners/living under one roof, divorced or separated, currently or previously dating, or relatives.
The restraining order can prevent the accused from doing the following:
- Going near the protected person or the protected person’s children and relatives may it be at home, work, school, or any public place;
- Making changes to the insurance policies;
- Incurring large expenses that affect the property of the protected person (for married couples or domestic partners);
- Owning a licensed gun for whatever purpose.
The restraining order can force the accused from doing the following:
- Strictly follow child custody and visitation rights;
- Pay child or spousal support;
- Pay specific bills;
- Transfer the rights to a cell phone number and account to the protected person;
- Return conjugal properties solely to the protected person;
- Complete a 52-week batterer intervention program.
How to File A Restraining Order
Under the advisement of a domestic violence restraining order attorney, you shall file the court forms and submit the petition to the courthouse. You will need to provide information, such as the address, date and time of the incident, the names of any witnesses, and your contact information and a copy of the police report. The documents should include specific details on what was done to you by the defendant, such as any form of physical abuse or ongoing abuse.
Filing this petition will require an officer of the court to review your case and decide whether or not you should be granted the order. It is also necessary that you personally appear before the court’s office to prove that you are the alleged victim.
The court will review your case and order temporary custody of the child, if applicable and necessary.
Restraining Order Attorney in Los Angeles, CA
To get expert advice on how to file a restraining order in Los Angeles, you need to consult with a California family law attorney about the process. This way, the lawyer will be able to review your case and help you throughout the process. A domestic violence restraining order case specialist should be able to give you valuable guidance and legal tips on how to handle any situations that might come up along the way.