San Diego Divorce Lawyer Blog
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,
- Parties who are having a dating or engagement relationship,
- Parties who have a child together,
- A child to the party, and
- Parties who have a familial relationship.
If you believe that you are a victim of domestic violence and you are considering a Domestic Violence Restraining Order or you are defending against a Domestic Violence Restraining Order, you may need to hire a San Diego Domestic Violence Attorney.
A Domestic Violence Restraining Order can provide protection for a victim of domestic violence; however, it will restrict the liberties and freedoms the restrained party.
What Protections Does a Domestic Violence Restraining Order Offer? (Family Code 6320)
A Domestic Violence Restraining Order can prevent the restrained party from:
- Molesting,
- Attacking,
- Striking,
- Stalking,
- Threatening,
- Sexually assaulting,
- Battering,
- Credibly Impersonating,
- Falsely Personating,
- Harassing,
- Destroying Personal Property,
- Telephoning,
- Contacting, either directly or indirectly,
- Coming within a specified distance (usually 100 yards), or
- Disturbing the peace of the protected party.
Also, a domestic violence restraining order may protect other named family or household members if there is a showing of good cause and they are included in the request.
What is the Process of Getting a Domestic Violence Restraining Order?
The process of obtaining a Domestic Violence Restraining Order follow a fairly structured path; however, it can become complicated when there are children involved, the parties live together and the restricted party needs to be removed from the residence, or there is support requested, which may require the assistance of a domestic violence attorney. Also, a domestic violence lawyer will assist with the complications of gathering the required evidence and witnesses needed to support a restraining order request.
The first step in the domestic violence restraining order process is to prepare and file a Request for a Temporary Restraining Order. Once the documents for the Request for a Temporary Restraining Order are drafted, which can include requests for child custody, move out, child support, and spousal support orders, the requesting party will need to be file the request at the appropriate courthouse. The proper courthouse is determined by the requesting party’s or restrained party’s residential zip code.
Once the Temporary Restraining Order is filed, a judge will review the documents and usually grants the request based on the facts presented. However, if the judge does not believe there are grounds for granting the temporary restraining order, the judge will deny the request, which is rare. The requesting party will receive the judge’s determination within a few hours of filing.
When the Temporary Restraining Order is returned by the judge, there will be a hearing calendared within 14 to 21 days to determine if there is sufficient evidence for the court to grant a permanent restring order.
The next step is to serve the Temporary Restraining Order on the restrained party, which may be done by the San Diego County Sheriff’s Department. Also, if there is a move-out order, the Sheriff’s Department may assist with the removal of the restrained party.
Before the Restraining Order Hearing, the restrained party has the ability to respond to the restraining order request. Also, the restrained party has the right to request one continuance to allow them more time to respond or retain a domestic violence attorney.
On the day of the hearing, the hearing may only last a few minutes based upon the evidence presented. However, if there is an abundance of evidence and the parties call witnesses, the hearing could take hours.
After the hearing has concluded and the judge has considered all the evidence presented, the judge will either grant or deny the permanent restraining order. If the judge denies the order, the matter ends. However, if the judge grants the permanent restraining order, the restraining order will be granted for a minimum of 6 months and a maximum of 5 years.
EXPERIENCED DOMESTIC VIOLENCE ATTORNEYS
If you need a domestic violence attorney to either help to obtain a restraining order or defend against a restraining order, hire the services of the Law Office of Doppelt and Forney, APLC. By emailing Attorney Roy Doppelt at roy@dffamilylaw.com or texting (858)-880-6689 to schedule a free 30-minute consultation with a experienced domestic violence attorney.