Domestic violence is a serious problem that affects many people and families worldwide. In California, it refers to any abuse or threats against an intimate partner, which can include spouses, ex-spouses, cohabitants, or dating partners. It also covers abuse towards children or the elderly.
At Goldman Flores, we offer legal services to clients seeking domestic violence restraining orders in Los Angeles and the surrounding regions. Our attorneys are well-versed in California’s restraining order laws and can guide you through domestic violence restraining orders.
A Brief Overview of Domestic Violence
California law describes domestic violence as any type of abuse directed at your intimate partner. It can affect anyone, regardless of their:
- Background
- Religion
- Age
- Race
- Education
- Income
- Gender
- Job
Sadly, domestic violence cases occur between family members or people in close relationships, such as former or current partners, housemates, co-parents, or spouses. Domestic violence can happen in different ways, such as:
- Sexual abuse—includes forced intimacy, unwanted touching, and other inappropriate actions
- Physical abuse—which involves hurting someone through actions like shoving, kicking, slapping, or punching
- Emotional abuse—In this case, the abuser uses threats to force a victim to act against their will
- Psychological abuse—In this case, one person intimidates another by threatening to take their children or share private information to cause shame
- Economic abuse—which occurs when the abuser controls financial resources, making the victim dependent and unable to support themselves
Domestic violence can also include actions such as destroying property, stalking individuals, disrupting peace, and unlawfully entering homes or workplaces.
Understanding Restraining Orders
A restraining order, sometimes known as a protective order, is a court-issued document that protects victims from abuse. This order can protect you against:
- Sexual abuse
- Physical abuse
- Emotional or psychological abuse
- Threats
- Harassment
The individual receiving the order is the “protected person,” whereas the one the order targets is the “restrained person.”
Types of Domestic Violence Restraining Orders
There are several types of restraining orders, depending on the details of your case. These include the following:
Temporary Restraining Orders (TROs)
If you are experiencing domestic violence and go to court for a restraining order, you must complete some forms and tell the judge what happened and why you need the protective order. If the court believes you need protection, they will grant you a temporary restraining order. This order typically lasts 20 to 25 days until the court schedules a hearing.
Emergency Protective Orders (EPOs)
When responding to domestic violence reports, police officers can contact the court at any time, night or day, to request an EPO for you, which will be active right away. The court will only provide an EPO if they believe there is an imminent threat of domestic violence or if a minor is in immediate danger of abuse or kidnapping by a parent or relative. This order stops such violence or harm from happening.
Emergency protective orders last 7 calendar days or five working days. This order allows you time to go to court for a more prolonged domestic violence restraining order. The court can include various protections in the emergency order, similar to those in a regular DVRO, such as evicting the accused from your home and banning them from contacting you. It can also provide you with temporary custodial rights for your child.
Permanent Restraining Orders (PROs)
The judge could give you a permanent restraining order during a TRO court hearing. This order lasts for not more than five years. If you continue to feel threatened after that period, you can seek a new order for protection.
Restraining Order After Hearings (Order of Protection)
In some cases of repeated domestic violence, the district attorney may file charges against the abuser. The court often issues a protective order against the abuser while the case is ongoing. If the abuser is guilty, the order can remain in effect for three years after the case ends.
Terms And Conditions Of a Domestic Violence Restraining Order (DVRO)
The court order describes the rules and conditions of a restraining order. These regulations can differ depending on the case. However, all orders include rules that prevent one person from contacting a family member or someone they have a close relationship with.
Contact usually includes:
- Causing physical harm
- Being near that person
- Calling or texting them
- Sending emails
- Interacting on social media like Facebook
- Any kind of monitoring
Standard rules in these orders often require the defendant to:
- Hand over their firearm
- Pay for child support
- Support a spouse or partner financially
- Take care of certain bills
- Keep insurance policies unchanged
- Return or release specific items
- Complete a 52-week batterer intervention program
A restraining order can lead to several consequences for the person affected, such as:
- Being unable to visit specific locations or engage in certain activities.
- Having to move out of their residence.
- Facing restrictions on seeing their child.
- Experiencing adverse effects on their immigration status
Benefits of Domestic Violence Restraining Orders
A DVRO provides victims of domestic violence with safety and peace of mind. Other benefits of a DVRO include:
- Prohibiting the abuser from contacting you or your children by following, threatening, or harassing you in any way, including online
- Require the abuser to return your property
- Give you temporary control over shared belongings like bank accounts, electronics, vehicles, or household items
- Prevent the abuser from owning or buying guns
- Allow law enforcement to remove the abuser from your residence and help you return safely
- Require the abuser to pay for your legal fees
- Keep the abuser away from specific locations you choose, such as your workplace or your children’s school
- Order the abuser to reimburse you for costs related to the abuse, including medical expenses, shelter, ambulance fees, or lost wages
If you have children with your abuser, you can ask the judge for several things, such as:
- Child support payments—you can request that the judge order your abuser to help pay for your child’s needs
- Visitation and custody—the judge will determine which parent the child will live with, who makes important decisions for them, and how much time each parent will have with them.
The specifics of your case will guide a judge’s decisions regarding whether to grant any or all of these requests.
Process of Obtaining Domestic Violence Restraining Orders
The defined step-by-step process to obtain Domestic Violence Restraining Orders (DVROs) includes the following:
Obtain the Order Request
To obtain a DVRO application, visit the court clerk or the person in charge of court files. You can apply for the DVRO in the county where the abuse occurred or where the abuser resides.
Fill Out the Forms
You should then go to the court clerk’s office and request all the forms needed to file for a domestic violence restraining order. Let the clerk know if you need immediate protection and want a temporary ex parte restraining order. You will receive a booklet with step-by-step instructions on how to complete the forms.
You can submit the forms to the court in person or by mail. Most people prefer to file in person because it is quicker and helps avoid losing documents. If you mail the form, it takes longer, and you must include a self-addressed, stamped copy for the clerk to send back the filed forms.
Only the judge can review your application or give you a temporary restraining order (TRO). Judges are usually available to certify orders, so they can sign your order the same day you file it. If you file your order in a busy court or late, it will approve your form on the next court day.
Temporary restraining orders usually last for short periods, from the day you file until the court hearing. This hearing typically happens about three weeks after you file. The court clerk will let you know when to return for your court hearing and will write the location and time on the forms.
The court clerk keeps the original documents and gives you copies. You should be present at the court hearing. If you cannot make it, let the court clerk know so they can reissue the ex parte order and help you reschedule. If you do not show up, the judge usually dismisses the case.
Service of Process
According to the law, the abuser should receive an official notice informing them of your application for a protective order. The victim cannot hand the forms to the abuser but can ask a law enforcement officer, a friend, or a relative over eighteen who is not part of the case to do so.
The forms you serve the abuser need to be legible and should include all court filings along with a blank response to the temporary restraining order, known as Form DV-120. You do not have to pay to serve the abuser with court forms unless you hire a professional service.
If you cannot serve the abuser before the court date, you can request a new hearing date and another temporary restraining order from the judge. You will need to complete a specific form to request for the postponed hearing. If it seems the abuser is intentionally avoiding service, and you made a “diligent effort” to serve the order, the court will permit a different way to serve them.
Different ways to serve documents include:
- Service by publication, where you print summons in a newspaper likely to reach your abuser and send a copy to their address
- Service by mail, with a return receipt requested, sent to the abuser’s latest address
- Handing a copy of the court papers to someone at the abuser’s home or workplace who is at least 18 years old and then mailing a copy to that same address
Whoever delivers the court papers to the abuser must complete a proof of service form (DV-200). This form informs the judge that the abuser received the documents. You should have this form after they have filled it out, as you should file it in court. Before you file the proof of service form, make five copies. Bring the original and the five copies to court.
The clerk will keep the original and return the stamped copies to you. Bring one copy to your hearing and attach another to your restraining order as proof of service.
Attend the Court Hearing
To obtain a final restraining order, you need to attend the court hearing either in person or online and show that the abuser has committed acts of domestic violence against you or your children, as defined by law. It is advisable to have a lawyer present to represent you during the hearing.
If you cannot secure a lawyer before your court date, you can ask the judge for a “continuance” to postpone the hearing so you have time to find legal representation. The judge will decide whether to approve your request. According to the law, either side can ask for a continuance, and the judge should grant it if there is a valid reason. You can make this request in writing before the hearing or verbally during the hearing.
Here are some reminders for your court hearing:
- Arrive on time, or even better, a bit early.
- Bring copies of all forms you filed or need to file, along with evidence to support your request for the DVRO. This includes:
- Witnesses who can testify about the abuse
- Relevant police reports
- Medical bills
- Photos of injuries
- Repair bills
- Any other important documents for your case
- Make sure to bring the original and two copies of any document for the judge. Give one copy to the court clerk or bailiff for the abuser. If you seek child support, consider meeting with the court’s family law facilitator to determine the potential amount. Bring these documents to court as well:
- Your last three pay stubs
- Evidence of uninsured health care costs for the child
- Your latest federal and state tax returns
If your abuser is in the courtroom and you feel unsafe, notify the court clerk so they can assist you. Do not engage with or confront your abuser.
After the Hearing
After the judge reviews the forms, they will sign and give you the protective order. You must take all copies to the clerk’s office for stamping. You have a right to receive five certified copies, but the order can remain in effect without certification.
The court will issue the final order to several parties, including your children’s school, law enforcement, the restrained individual, and anyone involved in enforcing the order. Make sure to keep two copies for yourself. The court clerk usually writes down the judge’s order during the hearing. If you do not understand the judge’s order, you can ask the clerk for a copy of the minute order.
You can also buy a copy of the transcript from the court reporter. This will have all the details from the hearing. Transcripts can be costly, so asking for a price estimate is a good idea first. However, the police will not consider the transcript or minute order when enforcing the DVRO. They will only enforce the terms stated in the order. Read the order carefully before you leave the court to ensure it includes the terms you expected.
What If the Court Rejects Your Domestic Violence Restraining Order Application?
The primary purpose of seeking a DVRO is to ensure your safety from your abuser. There are times when the court can turn down your request because your relationship with the abuser does not meet legal standards or for other reasons. If that occurs, you can consider a civil harassment order for protection. You can also contact domestic violence resource centers in your area for guidance, support, and help in staying safe. They can assist you in developing a safety plan and offer valuable resources.
Effects of a Restraining Order on the Person Being Restricted
A restraining order can limit what you can do and where you can go. This can be tough, especially if you have children and cannot see them. You might also need to leave your home and find a new place to live.
If you need to pay child support and other costs, it can cause a lot of financial pressure. A restraining order stops you from owning a gun. You might also deal with immigration problems that make moving to a different state hard, and violating the law could result in imprisonment.
What Happens If the Court Dismisses the Underlying Charges?
Courts usually issue restraining orders after a victim accuses someone of a domestic violence crime, such as:
- Domestic battery under Penal Code (PEN) 243e(1)
- Causing injury to a partner under PEN 273.5
Sometimes, the court can issue restraining orders but withdraw the charges that gave rise to it. The court can keep the order active or cancel it in such cases. The final decision depends on the specific type of order that the court issues.
A person can terminate a domestic violence restraining order by proving that:
- There has been a significant change in the situation that caused the order
- The state updated the law related to the order
- Ending the order would be fair for both parties
The dismissal relies on the terms of the restraining order. If it does not happen automatically, one party can submit a separate written request to the judge in charge of the case. The court might schedule a hearing for this.
Can I Obtain a DVRO If My Abuser Lives in Another Jurisdiction?
If you and the abuser are in different states, the court might not have the authority to act against the abuser. This situation means the court may not issue an order against them. There are several ways for a court to gain personal jurisdiction over an abuser who lives out of state.
These include the following:
- If you submit your petition and serve your abuser with it while in your state, this can help the court establish jurisdiction.
- An abusive act occurred in your state. The abuser may send you threatening texts or make harassing calls from another state, but you read those messages or answer the calls while you are in your state. The judge might determine that the abuse happened to you while you were in your home state. Additionally, the abuser could have been in your state when the abuse took place but has left since then.
- The abuser has strong ties to your home state. They might come to your state often to see you, for work, to visit family, or they may have lived there before and recently left.
If these points do not apply to you, it does not rule out the possibility of obtaining a domestic violence restraining order. By filing, you might receive the order through agreement, or the judge could find other valid reasons to issue the protective order.
Is It Necessary to Hire a Lawyer to Obtain a Domestic Violence Restraining Order?
You are not obligated to hire a lawyer for a domestic violence restraining order application. However, you should seek legal advice if you have doubts about the process or if your case is challenging. A lawyer can assist you in collecting evidence to present in court.
If you or someone you care about is experiencing domestic violence, you should contact a restraining order attorney. They can help you secure a domestic violence restraining order to provide legal safety and help prevent more abuse.
If you need clarification about the process or have questions, contact a competent restraining order law firm. They have the experience and are ready to help you through this challenging period.
Find a Los Angeles Restraining Order Law Firm Near Me
Obtaining a restraining order can be stressful and seriously affect the restrained person. If you need protection or want to challenge a restraining order, you should hire a skilled law firm that specializes in domestic violence restraining orders.
At Goldman Flores, we are ready to assist you in pursuing or defending against a DVRO. Our attorneys serve in the city of Los Angeles, CA. Call us at 213-341-4087 to speak with one of our Los Angeles restraining order experts today.
