Blog

Basic procedure for a domestic violence restraining order

| Oct 11, 2019 | Domestic Violence & Restraining Orders |

Couples and family members in California get into arguments and fights from time to time. This is common, but it is important that the arguments are verbal and not physical. However, many arguments unfortunately do result in physical violence. This can be very detrimental to the victim of the violence both physically and mentally. Unfortunately many times it is not just a one-time occurrence either. There are many repeat victims of domestic violence stuck in situations they may not know how to leave.

People who find themselves in this situation may be able to obtain a domestic violence restraining order against the perpetrator of the violence. These orders prohibit the perpetrators from having any contact with the victims. This includes going to their homes or being a within a certain distance of the victim. They can also have no phone contact either so they cannot try an manipulate the victim in any way. If they do have contact with the victim they can be arrested.

In order to obtain a domestic violence restraining order the first step is filling out the appropriate forms detailing the abuse that occurred and filing it with the court. A judge will then review the written submissions and if they allege domestic violence they will issue a temporary order prohibiting contact until a hearing on the matter. Once that occurs the victim must have the paperwork served on the perpetrator who will have an opportunity to respond. There will then be a hearing where testimony will be taken and a judge will decide whether to issue a permanent order or not.

Domestic violence occurs much more than it should in California. It is important that the victims are protected from their abusers and that can be accomplished by obtaining a domestic violence restraining order. However, in order to obtain one people must go through the process of filling out the appropriate forms and eventually proving their case at a hearing. Experienced attorneys understand the importance of these orders and may be able to guide one through the process.