Who can file for a domestic violence temporary restraining order?

Domestic violence in California occurs when there is abuse or threats of abuse and the person who is being abused and the abuser are or have been in an intimate relationship. An intimate relationship includes people who are married or domestic partners, are dating or used to date, live or lived together, or have a child together.

Abuse can occur in many ways.  Our state domestic violence laws define abuse as including the following actions:

  • Physically hurting or trying to hurt someone;
  • Sexual assault;
  • Making someone reasonably afraid that they or someone else are about to be seriously hurt (such as threats or promises to harm someone); OR
  • Behavior like harassing, stalking, threatening, or hitting someone; disturbing someone’s peace; or destroying someone’s personal property.

These behaviors are not the only forms of abuse.  Abuse also includes verbal, emotional, and psychological abuse.

If you are a domestic violence victim, you can file for a domestic violence temporary restraining order.  A domestic violence temporary restraining order is a court order that can command the abuser not to contact you, your children, or your relatives.  It can order the abuser to stay away from your home, work, and your children’s schools.  It also orders the abuser not to possess a firearm, and it can order the abuser to pay child support and to follow child custody orders. If the abuser violates the restraining order, he or she may go to jail or pay a fine.

After you file for a temporary restraining order, a judge will schedule a hearing.  At the hearing, both sides can present evidence and the judge will decide if a permanent restraining order should be issued. A permanent restraining order is not truly permanent, but lasts up to 3 years in many cases. It may also be renewed.

If you are a victim of domestic violence, and need help filing for a domestic violence temporary restraining order, please contact The Wilson Law Firm, A Professional Corporation today.