1. What is a Domestic Violence Restraining Order?
A domestic violence restraining order is a court order that can help protect a person who has been abused or threatened with abuse. According to the law, “abuse” does not only mean physical violence. Abuse means to intentionally or recklessly cause or attempt to cause bodily injury to you; or sexually assault you; or to place you or another person in reasonable fear of imminent serious bodily injury; or to molest, attack, hit, stalk, threaten, batter, harass telephone, or contact you; or to disturb your peace; or destroy your personal property. Abuse can be spoken, written, or physical. (See Family Code §§ 6203, 6320). In the United States, every state has some form of domestic violence restraining order law, and many states also have specific restraining order laws for stalking and sexual assault.
2. Who can Obtain a Domestic Violence Restraining Order?
You can obtain a domestic violence restraining order if a person has abused you or threatened to abuse you and 1) you have one of the following relationships with that person: married, divorced, separated, registered domestic partnership, have a child together, dating or used to date, live together or used to live together; or 2) you are a mother or mother-in law, father or father-in-law, child or stepchild or legally adopted child, grandparent or grandparent-in-law, grandchild or grandchild-in-law, sister or sister-in-law, brother or brother-in-law, stepparent, daughter -in-law or son-in-law. The in-law must be through a current marriage. (See Family Code § 6211).
3. Do I need a Lawyer in Order to Obtain a Domestic Violence Restraining Order? How Much does it Cost to get a Domestic Violence Restraining Order?
Many orders of protection cases are handled without a lawyer however it can often be helpful to have one represent you in court. It may also be important to have a lawyer if you believe that the other side will have a lawyer or if any issues arise. The cost is absolutely free to file a request for a Domestic Violence Restraining Order.
4. When Would a Domestic Violence Restraining Order not be Suitable?
If you do not have one of the relationships listed above with the other person, there are other kinds of orders you can ask for: civil harassment restraining order (can be used for neighbors, roommates, cousins, uncles, and aunts); dependent adult or elder abuse restraining order; or a workplace violence order.
If you have any other questions or concerns about restraining orders, we at the law offices of Hector C. Perez are here to help!
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