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Requirements for seeking a domestic violence restraining order

| Jul 3, 2019 | Domestic Violence & Restraining Orders |

Almost every couple in California have arguments from time to time. These arguments can be over a variety of issues, but for the most part these arguments remain verbal in nature. However, this is not true for everyone and sometimes these arguments turn physical and one person may hit, push, kick or in some other way physically assault the other. This is not right and should never be the way that couples resolve disagreements. Domestic abuse can be very detrimental to the victim both physically and mentally and can affect the children as well.

It is important that victims of domestic abuse receive help and protection from their abusers. One way that they can do this is by obtaining a domestic violence restraining order. These orders prohibit the perpetrator of the violence from contacting the victim in any way. Prohibits them from going to the victim’s home, work or school and can prohibit them from owning a gun as well.

However, there are certain requirements that people must meet in order to obtain one. The first is that the person assaulted or threatened to assault the victim. Assault is defined as physically harming someone or trying to physically harm someone, threatening to harm them, sexual assault, controlling someone’s movements and other actions which cause fear.

The second is that the victim and the perpetrator must be married, registered domestic partners, divorced or separated, dating or used to date, living together or lived together, parents of a common child, familial relationship such as siblings, grandparents, in-laws and others.

Unfortunately there are many victims of domestic abuse in California. These victims need protection and one way they can obtain it is through a domestic violence restraining order. These orders prohibit any and all contact between the abuser and the victim to stop the abuser from being able to abuse the victim any further. Experienced attorneys understand the importance of these orders and may be able to guide one through the process.