A domestic violence restraining order in California is a court order that protects a person from abuse by a spouse, former partner, family member or someone they dated. These orders are issued under the Domestic Violence Prevention Act, Family Code sections 6200 and following.
Abuse is defined broadly. It includes physical harm, threats, stalking, harassment and disturbing the peace, which covers coercive control such as isolating someone, controlling their finances or monitoring their communications.
The process usually starts with a request for a temporary restraining order. A judge can issue one the same or next business day based on a written declaration. A hearing is then set, typically within about three weeks, where both sides can present evidence. After the hearing, the court can issue an order lasting up to five years, which can be renewed.
These orders can do more than require someone to stay away. They can order a person to move out of a shared home, set temporary custody and visitation, require firearms to be surrendered, and order certain property or support. A finding of domestic violence also creates a presumption under Family Code section 3044 against giving the abusive parent custody.
Because the consequences are serious, both sides benefit from counsel. The person seeking protection needs a clear, detailed declaration. The person responding needs to understand the effect on custody and firearms.
Law & Mediation Offices of Dan DeSario & Associates, a Los Angeles family law firm since 1982, handles both requests and restraining order defense. The firm advises anyone in immediate danger to call 911 first.
*Attorney advertising. This article is general information about California family law and is not legal advice. Every case is different.*
