Quick Facts: Both Sides of a California Domestic Violence Restraining Order

Across the country, an incident of domestic violence occurs every nine seconds. Domestic violence is, defined by the National Coalition Against Domestic Violence or NCADV, as acts of intimidation, physical assault or battery, or unwilling sexual actions in a systematic pattern of power and control by one intimate partner against the other. Additionally, domestic violence also includes related threats and or emotional or psychological abuse.

Domestic is not limited to one gender, and in California, the California Partnership to End Domestic Violence projects that up to 40 percent of all women in the state have experienced an act of violence initiated by an intimate partner. Statistically supported by the California Women’s Health Survey (CWHS), these acts significantly involve younger women between 18 to 24 years of age but can also infringe on the lives of so many others.

To protect victims, state laws offer variations of a Protection from Abuse Order or PFA. California’s version is known as a Domestic Violence Restraining Order or DVRO. If applicable, this court-issued order acts as a restraining order filed by the victim against the perpetrator. California law currently offers DVRO protection to:

• Those married or registered as domestic partners;
• Those who were previously married or registered as domestic partners;
• Those related by blood, marriage or adoption;
• Those who reside at the same address;
• Those who previously resided at the same address;
• Those involved in a relationship; and
• Those who previously were involved in a relationship.

Seeking a DVRO

For those who need protection from an abusive partner, the process is comprised of several steps. If you need a DVRO, you must:

• Secure an application, available through your designated county clerk;
• Complete the application, either by yourself or with the assistance of a California domestic violence attorney;
• Provide the completed application to your designated county clerk to obtain a hearing date;
• If the DVRO is accepted, ensure that the court papers are served on the abuser;
• Personally appear at the hearing;
• If DVRO is awarded, present the three copies of the DVRO to the county clerk; and
• Provide a copy to your local law enforcement and any other entity that may become involved in ensuring your safety.

Responding to DVRO Request

If you have received notice that a family member or former partner is pursuing a DVRO against you, it is important to take action to protect yourself. It is advisable to seek legal guidance quickly. Your attorney can help you read the notice or order and comply fully with its terms to avoid fines or arrest. If the order requires you to leave your current home, take with you only what you need until the hearing. You may also be required to surrender any legally-owned firearms to the local police department until the situation is resolved.

It is absolutely imperative that you appear in court as ordered, or the judge will honor the order without your side of the story being heard. The court may also make decisions pertaining to child support and custody without your input.

We Can Help

Whether you are a victim of domestic violence or you have been served with notice of a pending DVRO against you, an experienced San Jose domestic violence attorney can provide the guidance you need. Call 408-277-0377 for a confidential consultation with Wesley J. Schroeder, Attorney at Law, today.

Sources:

http://ncadv.org/files/National%20Statistics%20Domestic%20Violence%20NCADV.pdf

http://ywcasgv.org/DV_Fact_Sheet_2011.pdf

Harassment & Restraining Orders

http://www.womenslaw.org/laws_state_type.php?id=10920&state_code=CA

http://www.courts.ca.gov/1265.htm