Domestic Violence Restraining Order

California Court Discusses Factors Weighed in Evaluating Whether to Grant a DVRO

April 14, 2022 | by Roy M. Doppelt

Few relationships are devoid of conflict; instead, it is common for romantic partners to have disagreements occasionally. Sadly, however, arguments lead to physical harm in some relationships, and in many instances, the abuse worsens when the relationship ends. Thus, many victims of abuse seek domestic violence restraining orders (DVROs) protecting them from their former romantic partners. In a recent California ruling, the Court discussed the factors considered when determining whether to grant a DVRO in a case in which they ultimately ruled that both the woman seeking the order, and her children required protection. If you are accused of domestic violence or need assistance seeking a DVRO, it is smart to speak to a San Diego family law attorney as soon as possible.

Factual Background of the Case

It is reported that the husband and the wife married and had three children that were born between 2005 and 2013. They separated, after which the wife sought a DVRO protecting her and her children from the husband. The wife alleged that the husband persuaded the wife’s friends and mother to try to convince her to resume her relationship with the husband, asked the children to spy on her, and followed her male friend home and threatened to kill him.

Allegedly, during the hearing on the matter, the Court heard evidence that the husband harassed and stalked the wife. The children testified the husband yelled at them, prompted them to fight one another for his entertainment, and pushed, choked, and slapped them, under the guise that he was playing. The Court granted the DVRO as to the mother and the children. The husband appealed, arguing that there was insufficient evidence that the children should be included in the DVRO. Continue reading

Court Explains Protective Orders Under California Law

November 20, 2021 | by Roy M. Doppelt

In many instances in which a couple ends their romantic relationship, they have contentious disagreements. In some cases, their arguments become physical. Fortunately, the law allows victims of domestic violence to seek protective orders to prevent further harm. The courts must comply with the proper procedure prior to issuing such orders, and if they do not, such orders may be vacated. This was demonstrated recently in a California case in which the parties both sought restraining orders against one another. If you are the victim of domestic violence, it is prudent to speak to a skilled San Diego family law attorney as soon as possible to discuss your options for seeking protection.

The Facts of the Case

It is reported that the mother and the father dated for a year, during which they had a child together. Their relationship was marked by acts of violence committed by the father and the total inability of the parties to communicate with one another effectively. After the relationship ended, they each filed requests for Domestic Violence Prevention Act (DVPA) restraining orders against the other.

Allegedly, the court held an evidentiary hearing, after which it found that both parties acted as primary aggressors against each other, and neither had acted in self-defense. Thus, the court entered mutual orders against both parties and issued an order granting joint legal and physical custody of the minor child. The mother appealed. Continue reading

What are the Consequences of a Domestic Violence Restraining Order for the Restrained Party? San Diego 2020

April 9, 2020 | by Roy M. Doppelt

The two parties in a domestic violence restraining order case are often called the “Protected Party” and the “Restrained Party.” The Protected Party is the person requesting the Domestic Violence Restraining Order and the Restrained Party is the person who is restricted by the restraining order.

When a Domestic Violence Restraining order is granted for the Protected Party, it may drastically reduce the rights and liberties of the Restrained Party, and they my need a Domestic Violence Attorney to help them protect their rights and liberties. If a Domestic Violence Restraining Order has been granted against you, you need to consider a Domestic Violence Lawyer.

The Consequences of a Domestic Violence Restraining Order

DOMESTIC VIOLENCE RESTRAINING ORDER ATTORNEY- San Diego 2020

April 3, 2020 | by Roy M. Doppelt

Domestic violence is the emotional, physical, or verbal abuse by one person against another where the parties are (See Cal. Family Code 6211):

Spouses or former spouses,
A person who regularly resides or formally reside in the household,