Domestic Violence or Dependent Elder Abuse Restraining Orders

A Domestic Violence Restraining order is available to someone who has been abused by another person with whom they have had sexual contact or a dating relationship, or a familial relationship.

What is domestic violence? Domestic violence is abuse at the hands of someone with whom you have a close relationship with or who is related to you. Domestic abuse includes physical violence, such as hitting, kicking, shoving, throwing things, scaring or following you, or hurting your freedom to come and go as you wish from your home. It can also include sexual assault, or making threats to hurt you or someone else, or threatening behavior like harassing, stalking, or hitting someone. Domestic violence can even include destroying personal property, like if the abuser breaks the victim’s glasses or damages her car. If you are experiencing domestic violence, you may feel that your sense of inner peace has been disturbed. You may feel afraid or controlled by your partner.

A domestic violence restraining order can help to restore the victim’s sense of safety and peace of mind. A restraining order is not a divorce, but it can provide certain protections. For example, the restrained person will not be able to contact or go near you, your children, your pets or your family, and will be ordered to stay away from where you work or where your children go to school. The restrained person may be ordered to pay child support, spousal support, and certain bills, and also may be required to return personal property taken from the victim, like jewelry or a car. A restraining order will force the restrained person to move out of the house, even if you live together and are not divorced. The restrained person may also be forced not to have a gun.

A restraining order from California or another state, it is valid and enforceable in California. You can register with the court to have your domestic violence restraining order entered into the statewide domestic violence computer system. Fill out and take an Order to Register Out-of-State or Tribal Court Protective/Restraining Order (CLETS) (Form DV-600) to your local court. Take a certified copy of your order with you. But keep in mind that you are not required to register your out-of-state or tribal court restraining order. A valid order is enforceable even if you do not register it.

Domestic violence is a serious issue, but a domestic violence restraining order can help make the situation better. This basic tutorial encompasses the general rules regarding a domestic violence restraining order, but keep in mind that caveats may exist depending on the circumstances. Perform your due diligence before acting, or contact me for a consultation if you have any questions.