A domestic violence restraining order is a court order that helps protect people from abuse or threats of abuse from someone they have a close relationship with. In family court in California, domestic violence does not mean just physical abuse. It can also include abusive verbal or written behavior that rises to the level of disturbing someone else’s peace.
Examples of a close relationship would be those who are married, registered domestic partners, divorced or separated, dating or used to date, living together or used to live together (more than roommates), parents of a child, or those who are closely related (parent, child, brother, sister, grandmother, grandfather, in law). It the two people are still cohabitating, the restraining order may order the alleged abuser to immediately move out of the residence.
Additionally, if you are a parent and your child is being abused, you can also file a restraining order on behalf of your child. If your child is 12 or older, he or she can file the restraining order on his or her own behalf. When issuing a restraining order the court can also make orders regarding child custody and support.
If you are in danger right now, please call “911.” You can also contact your local shelter by obtaining their number at http://www.cpedv.org/domestic-violence-organizations-california. For all other non-emergency related questions, it is highly recommended you contact an experienced family law attorney.
Authored by IRWIN & IRWIN.
IRWIN & IRWIN Family Law is located in Fullerton, California. We provide a full suite of family law services from divorce litigation, divorce mediation, child custody issues, domestic violence restraining orders and representing minors in court. “Every situation is different, and some come with very complex financial issues. Our legal team is here to support you during a very troubling time and prepare you for court, or to at least help negotiate or mediate the issues out to establish an equitable legal resolution,” says Kelly Irwin, Senior Litigator at the firm.
