Table of Contents - Jump Ahead:
The following individuals may file for a domestic violence restraining order:
- A spouse or former spouse
- A cohabitant or former cohabitant.
- A person who is having or has had a dating or engagement relationship with the aggressor.
- A person who has had a child with the aggressor.
- A child of the aggressor
- A co-parent, co-habitant, or a close relative to the aggressor.
Individuals who have been physically hurt, harassed, or have received verbal threats have the legal right to file for a domestic violence restraining order. An act of abuse, such as stalking, throwing items, sexual assault, stealing property, intimidation, or breaking into a home can serve as grounds for obtaining a restraining order.
If you or someone you know is in immediate danger, it is important to contact emergency protection by contacting your local authorities. Once law enforcement has been contacted, an emergency protective order can be obtained. Subsequently, it is important to seek the legal advice of an attorney who has experience in the field of domestic violence restraining orders. An attorney can help in ensuring that the order is granted to assure you and your family are safe.
How a Domestic Violence Restraining Order Can Help
Domestic violence restraining orders (DVROs) are filed for the following reasons:
- To prevent the restrained person from contacting the petitioner and all those named in the order.
- To restrict the named person from owning and possessing any weapons or guns.
- To prevent the restrained individual from contacting children.
- To enforce the named individual to pay child support and/or spousal support.
- To enforce the restrained individual not to interfere with assets owned jointly and/or individually by the petitioner.
After a domestic violence restraining order is granted, if the restrained party violates the order, it is considered a criminal offense, and he or she may be subject to a fine and/or imprisoned.
Multiple Restraining Orders
Individuals with a criminal restraining order have the opportunity to petition for a domestic violence restraining order. It is important to note, however, that the orders imposed by the criminal order can undermine the other orders.
If you have questions or concerns with regard to filing a domestic violence restraining order in California, it is important to consider seeking the legal support of an attorney. If you have multiple orders, a skilled attorney can help you identify your legal options, in effort of protecting your wellbeing, rights, and interests.
Obtain the Legal Advice of a Skilled Family Attorney
Domestic violence restraining orders filed in the State of California are important to helping people protect against violence or the threat of violence. In many family situations, circumstances can arise that will cause a person to act violently toward another. Violent individuals need to be held accountable for their actions and obtaining a domestic violence restraining order is one of the first steps in ensuring that they are. Victims of abuse have the legal right to challenge uncomfortable or violent circumstances and for this, an experienced attorney can champion for the rights of the victim.
The family law attorneys at the Knez Law Group LLP in Riverside, CA are dedicated to vigorously fighting for the rights of domestic violence victims. They are skilled in the field of family law concerning domestic violence restraining orders. If you are a victim of abuse, ensure your safety and contact an experienced attorney today.
Photo Credit: Alexas_Fotos
