Domestic Violence Restraining Order
by
Cynthia S. Cho on Jun. 17, 2015
Divorce & Family Law Family Law Civil & Human Rights Elder Law
Summary: Domestic Violence Restraining Order
California Superior Courts can issue orders to
protect people from the violence or threats of violence from family members or
people they date or live with.
In such an instance, a Temporary Restraining Order
may order a violent or abusive person to stay away or to move out and not
return to the home. It also can contain other orders required to ensure a
victim's safety. In addition, a restraining order can decide who has temporary
custody and visitation of children, who has temporary possession of certain
property, and who pays certain bills.
A person who feels physically threatened by a
spouse or someone living in the home, or who is constantly harassed by someone,
must fill out a series of domestic violence prevention forms that are available
from the Court Clerk's office. Generally, the person may appear before a judge
the same day to request a Temporary Restraining Order that is good for up to 20
days.
Emergency Protective Order:
A law enforcement officer called to a domestic violence incident can
contact the court at any time to request that a Temporary Restraining Order be
issued over the telephone. The order is valid for several days to give the
victim time to go to court to request an order that can last as long as five
years.
The victim may also call police if the restraining
order is not obeyed, leading to a criminal charge.
Order After Hearing:
An Order to Show Cause hearing is held within 20 days to determine
whether a Domestic Restraining Order can be issued that is good for three
years. Afterwards, an Order After Hearing can be prepared or filed, which can
order the same things a Temporary Restraining Order can. It also can provide
for child support, restitution, and counseling.
Judges usually will also allow the accused spouse
to explain his or her side before issuing the order.
If you do not qualify for a
Domestic Restraining Order, there are other kinds of orders you can ask for:
·
Civil harassment order
(can be used for neighbors, roommates, and co-workers;