Domestic Violence or Harassment
This article describes, in general, what to do if you are the victim of domestic violence. The restraining orders discussed here are Family Law Restraining Orders issued in California under the Domestic Violence Prevention Act. This information is not applicable to criminal violence, civil harassment, elder abuse, or restraining orders issued for those types of actions in California or any other jurisdiction.
Emergency Protective Orders
If you are in danger, call 911!
If you are in danger, ask a law enforcement officer for an Emergency Protective Order. You can ask for an Emergency Protective Order any time of the day or night.
But, an Emergency Protective Order only lasts for 5 - 7 days. To get a restraining order that lasts longer, you must file papers in Court.
What is a Family Law restraining order?
A family law restraining order under the Domestic Violence Prevention Act is intended to prevent the recurrence of acts of domestic violence and to provide for a separation between the parties involved for a period of time sufficient to enable them to seek a resolution of the causes of domestic violence.
A family law restraining order can order the restrained person to:
- Not go near you, your children, other relatives, or others who live with you
- Not have a gun
- Move out of your house
- Provide orders for child custody, visitation, child support and spousal support
- Allow you to record unlawful communications
- Make the restrained person pay your attorney’s fees
- Make the restrained person reimburse you for any medical bills
- Make the restrained person attend a Batterer Intervention Program
How do I know if it is Domestic Violence?
Family Code section 6203 defines abuse as (a) Intentionally or recklessly to cause or attempt to cause bodily injury, (c) To place a person in reasonable apprehension of imminent serious bodily injury to that person or to another.
Abuse can be verbal, written or physical and occurs whenever a person hits, kicks, hurts, scares, throw things, pulls hair, pushes, follows, harasses, sexually assaults another, or threatens to do any of these things.
Do I qualify for a Family Law restraining order?
If you are suffering abuse, you can qualify for a family law restraining order if you have a close relationship with the other person. Meaning you are married, divorced, separated, domestic partners, dating, used to date, live together or used to live together, have child together, or you are otherwise related to each other.
If you do not qualify for a family law restraining order, there are other kinds of protective orders you can ask for. A civil harassment order can be used for neighbors, roommates, co-workers, and other people who are not related to you. A dependent or elder abuse restraining order is available to you if you are a senior citizen or dependent adult who has been abused.
How soon can I get the order and how long does it last?
After you submit your paperwork to the court the judge will decide whether to make issue a Temporary Restraining Order within 24 hours. Sometimes the judge makes the decision sooner, depending on your county court. At the time the judge makes a decision on your temporary order she will also give you a date to come back for a hearing on a restraining order that would last for 3-5 years. The initial temporary order will last until you come back to court for your hearing.
Do I need a lawyer?
No, but it is a good idea to have a lawyer especially if you have children. A lawyer will know what is needed to prove your case.
What if the restrained person doesn’t obey the order?
Call the police. The restrained person can be arrested and charged with a crime. If the restrained person does violate the order, be sure to write down what happened, when, where, and the names of any witnesses. Get copies of police reports, and if you get hurt, get copies of any medical reports.
Even if the order hasn’t been served yet, call the police. If the restrained person is there, ask the officer to serve the restraining order.
Need more information?
You can call the National Domestic Violence Hotline at
1-800-799-7233,
TDD 1-800-787-3224
*This article is not intended to be legal advice, and no lawyer-client relationship is created or intended by use of this article.
