Restraining orders are court orders that help people with various types of abuse such as assault, rape, physical injuries, attacking, striking, battery, or harassment.

The most common type of restraining orders are Domestic Violence Restraining Orders. If the abuse does not qualify as a Domestic Violence Restraining Order, then there are other types of restraining orders referred to as Civil Restraining Orders. Civil Restraining Orders can be used for neighbors, roommates, and co-workers.

What Is Domestic Violence?

By law, Domestic Violence (link to Domestic Violence practice page) is defined as a certain kind of abuse, violence, or threatened violence directed toward a spouse or former spouse, partner, and people who are dating. Statistically, women are the victims of Domestic Violence but men make up a small percentage of victims as well.

Domestic Violence can range from threats, annoying phone calls, and stalking (such as following the victim to and from work, and threatening the victim) to unwanted sexual touching, slapping, pushing, pulling hair, shoving and forced sexual acts. In some cases domestic violence may include child endangerment charges if the child witnesses the violence. In addition the alleged victim can obtain a Protective Order (Restraining Order) that would prevent the abuser from visiting or having any contact with their children. Violation of this Protective Order can be grounds for jail. It is possible to modify these protective orders and in some cases prevent them from being issued.

What is a Domestic Violence Restraining Order?

A Domestic Violence Restraining Order is a civil court order that is signed by a judge that tells the abuser to stop the abuse or face legal consequences. It can order the abuser to stop threatening/abusing you, your children, or the people that live with you.

Who Can Get a Restraining Order?

If you or your children have been the victims of domestic violence you can file for a Domestic Violence Restraining Order.

These types of restraining orders are issued for parties who are or were connected in one of the following relationship categories:

• spouses
• former spouses
• parents of a child together (but never married to each other)
• co-habitants (example -- boyfriend/girlfriend living together)
• former co-habitants
• parents/children
• siblings
• present or former "dating relationship"

Persons in these relationships can apply for a restraining order due to physical abuse, emotional abuse, and/or malicious property damage committed against them by the other party.

How Will the Restraning Order Help You?

The Restraining Order will order the person to stop the abuse of you, your children, or the people that live with you. As part of the Restraining Order you can ask the Judge to grant additional orders such as:

Child custody and visitation orders
Removal of child
Child Support

Property Control: You may ask the judge to give you full control over the things you own together such as a car and other household items

Giving up firearms: You may ask the judge to have your abuser sell his guns or turn them over to the local police station

Restitution: You may ask the judge to order your abuser to pay back money you lost as a result of missing work or other expenses

Attorneys fee & costs: You may ask the judge to order the abuser to pay part or all of what you paid your lawyer

Other: You may ask the judge to order things that you need to keep safe

How Long Does the Restraning Order Last?

The first restraining order (called a Temporary Restraining Order) lasts until your next court date. At that time, the judge will decide to continue or cancel the order based on what evidence the judge is presented with at the hearing. If the judge believes there is a credible threat of violence then the judge is likely to issue a restraining order that could last for up to 3 years. Child custody orders have different end dates and usually last until the child turns 18.

Once the judge signs the restraining order, it will be entered into a public records database known as CLETS System (California Law Enforcement Telecommunications System).

What if the Restraning Order is Violated?

If the Restraining Order after the hearing is violated the abuser can be found to be in contempt of a court order and this violation may be treated as a criminal matter that could result in serious consequences including jail time.

Do i Need a Lawyer?

You do not necessarily need a lawyer to file for a Domestic Violence Restraining Order. Pro Per means you go to court without a lawyer and represent yourself. Representing yourself is never a good idea especially when the abuser has an attorney or child custody is involved. If you have been given notice of a restraining order and are defending against a restraining order, it is wise to have an attorney to represent you in court.