Domestic Violence Restraining Order
If you have been a victim of victim domestic violence, you have the absolute right to seek a restraining order. Under the Domestic Violence Prevention Act found in the California Family Code, abuse is defined as any of the following:
- Intentionally or recklessly causing or attempting to cause bodily injury.
- Sexual assault.
- Placing a person in reasonable apprehension of imminent serious bodily injury to that person or to another.
- Engaging in any behavior that has been or could be enjoined such as molesting, attacking, striking, stalking, threatening, battering, harassing, telephoning, destroying personal property, contacting the other by mail or otherwise, disturbing the peace of the other party.
Our Los Angeles restraining order attorney can assist you in obtaining a restraining order or defend against one, if the allegations are false.
When the court determines whether or not to issue a restraining order, they will look at the allegations. Many court websites state that the act(s) of abuse/violence must be recent, within thirty days, and the respondent must be in a relationship that establishes the right to seek a domestic violence order. This can be a spouse, ex-spouse, boyfriend/girlfriend, ex-boyfriend/ex-girlfriend, someone with whom the victim has or has had a dating relationship, an immediate family member (mother, father, in-laws, siblings, adult children), or a person with whom a party has a children together. A victim that is a target of abuse but does not have the relationship previously mentioned may choose to file a civil harassment restraining order, which is discussed under Civil Harassment restraining order section.
A domestic violence restraining order can include the following:
- Restraints on personal conduct by the batterer;
- Orders for the batterer to stay-away from the victim's home/work and/or children's school
- Orders for the batterer to be removed from the residence
- Child custody and visitation and support orders and other miscellaneous orders.