Restraining Orders 101: What You Need to Know

Domestic Violence, Family Law

A Domestic Violence Temporary Restraining Order (DVTRO) is issued by the court to help protect individuals from threats of abuse or actual abuse from someone with whom they have a close relationship. An adult can request a restraining order for themselves and also on behalf of a child who is under the age of 12. A child who is 12 or older is able to file for his or her own domestic violence restraining order.

California law provides protection from all forms of abuse. Domestic violence does not need to be physical in order to apply for a protective order. Emotional, psychological, and verbal abuse that causes a person to feel afraid can influence a person’s decision to obtain an order.

Who Qualifies for a Domestic Violence Temporary Restraining Order

A person qualifies for a domestic violence restraining order if he or she has a close relationship with the person who has threatened to abuse him or her or who has actively abused him or her. A close relationship includes people who are:

  • Dating or used to date;
  • Living together or previously lived together during a relationship (not roommates;
  • Married;
  • Separated or divorced;
  • Co-Parenting a child;
  • Blood relative (parent, grandparent, sibling, etc.) or in-law.

If you do not feel that you qualify for a DVTRO, there are other alternatives, such as an ex parte restraining order, available based on your situation. A Civil Harassment Restraining Order is different from a Family Law Domestic Violence Restraining Order, in that it applies to a person doing the harassing that has no close family or domestic relationship with the victim. This includes neighbors, distant relatives, roommates, strangers, or other acquaintances.

What is Needed to Obtain Domestic Restraining Orders in California 

A person who would like to be protected by a DVTRO in California must go to court and file the forms for the domestic violence restraining order. There is no filing fee and a judge will decide whether or not to grant the order within one business day. If there are any minor children involved, a separate form may need to be filled out so that they have their own restraining order in place.

Once the required forms have been filed, the court will set a date for a hearing to decide whether a permanent restraining order is necessary.

It is important to bring documentation to the hearing that proves the abuse. This can include medical records, police reports, threats made via email, telephone, or text message, and photographs. If there were any witnesses to the abuse, ask that they attend the hearing.

Getting Immediate Help

If you are in immediate danger, call 911 or call the National Domestic Violence Hotline at 1-800-799-7233. Online chat is available at the National Domestic Violence Hotline website from 7:00 am to 2:00 am Central Time. For those who are deaf or hard of hearing call 1-800-787-3224(TTY) or 1-855-812- 1001 (VP).

Contact Us for Legal Assistance 

The compassionate attorneys at JWB Family law are able to provide you the assistance you need during this difficult time. We are able to work with you during the filing process providing you with the professional and understanding support you need.

Our staff is dedicated to protecting the rights of you and your children. Contact our office today to schedule your discreet consultation at our San Diego location.

The Importance of the CFLS Designation

A Certified Family Law Specialist, or CFLS, is an attorney who has obtained certification in the standards of California family law and demonstrated optimal legal competence. Attorneys who obtain this certification have specific expertise in all aspects of family law, which includes divorce or the dissolution of marriagechild and spousal support, child custody, and temporary restraining orders, among other areas of emphasis.

Not every attorney practicing family law has obtained this certification. In fact, the designation remains relatively rare—there are fewer than 2,000 CFLS attorneys in California and fewer than 200 in San Diego.

Categories

Connect With Us

            

Contact

San Diego Office
1620 Fifth Avenue, Suite 600
San Diego, CA 92101

Phone: 619.234.6123

Temecula Office
43537 Ridge Park Dr, Suite 100
Temecula, CA 92590
Phone: 951.297.3871

El Centro Office
300 S Imperial Ave, #10
El Centro, CA 92243
Phone: 760.460.4608

            

What Cat Ears Have to Do With Divorce

Quite a bit, as it turns out, and it has nothing to do with how you feel about felines. A study from researchers at the University of Washington shows divorce filings peak at two distinct times of the year – March and August....

FL-150 Forms – What you need to know

A frustrating but mandatory part of the divorce process in California is completing financial disclosure forms. One of these forms is the Income and Expense Declaration (FL-150), which requires both the Petitioner and Respondent to detail their earnings and spending. ...

Who gets inheritance money after a divorce?

Here are examples of community property and separate property:

Child custody schedule options and examples

When you are in a proceeding to decide how to share the custody and visitation of your children, many decisions must be made by you and the other parent on how you will co-parent your minor children. If you are unable to reach an agreement, the court will make a...

What’s worth fighting for in a divorce?

Here are examples of community property and separate property:

San Diego domestic violence resources

As in other counties in California, San Diego has resources you can contact to help you in a domestic violence case. A nd a dedicated family law and divorce attorney can help you legally enforce your separation from an abusive partner.

Military spouse benefits after a divorce

It is important to discuss all these topics with the military spouse divorce attorneys you retain to help guide you through the dissolution of your marriage. Military family law can be complex when it comes to divorce.

What not to post on social media during your divorce

Anything you post on social media during a divorce can, and likely will, be used against you in your dissolution proceedings. It is extremely important to avoid posting about getting divorced on all your social media profiles because anything that can be construed...

Helping a friend through divorce isn’t easy

A person going through a divorce is often dealing with the loss of time with their kids, a portion of their retirement, their house, and even relationships with their in-laws.

Child custody during the divorce process

There are two types of custody: legal and physical.