What You Should Know About Restraining Orders For Domestic Violence
Whether you are involved in a long-term relationship or a marriage with someone who has been abusive, or you have only been involved for a short time with a person who has engaged in domestic violence, it is important to understand how restraining orders work in California and when you may be able to obtain one. There are four different types of restraining orders that are available in California, including those for domestic violence, elder abuse, civil harassment, and workplace violence. You can seek a domestic violence restraining order if you have been abused, and if the person responsible for the abuse is someone with whom “you have a close relationship” such as married or dating or used to date, or with whom “you are closely related,” such as a parent or sibling or grandparent.
What constitutes as domestic violence in California, and what steps do you need to take in order to get a restraining order? Our San Jose domestic violence attorneys can provide you with more information.
What is Domestic Violence in California?
According to the California Courts, domestic violence is “abuse or threats of abuse when the person being abused and the abuser are or have been in an intimate relationship,” or “when the abused person and the abusive person are closely related by blood or marriage.” What constitutes abuse in California such that you may be able to obtain a restraining order? The following as examples of abuse under California law:
- Physically hurting or trying to hurt you, either intentionally or recklessly;
- Sexually assaulting you;
- Making you reasonably afraid they are going to harm you or someone else;
- Harassing you;
- Stalking you;
- Threatening you;
- Disturbing the peace; and/or
- Destroying property.
It is important to clarify that physical harm can involve hitting, kicking, pushing, shoving, throwing objects, pulling hair, and engaging in almost any other type of related behavior. California law also recognizes that physical abuse of a family pet can be considered abuse for purposes of seeking a domestic violence restraining order. You should also understand that abuse can be physical, emotional, psychological, sexual, or even financial. Even if a person with whom you have a relationship never physically touches or threatens to physically harm you, there are other types of abuse, such as emotional, mental or financial abuse that can be grounds for a domestic violence restraining order.
How to Seek a Domestic Violence Restraining Order
To seek a domestic violence restraining order, you will need to show both of the following:
- The person against whom who are seeking the domestic violence restraining order has abused you (in one of the manners discussed above); and
- You have a close relationship with the person against whom you are seeking the domestic violence restraining order.
If the court grants a domestic violence restraining order, it can require the restrained person to do (or not do) many different things, such as:
- Avoid any contact with you;
- Avoid locations near where you work or live;
- Be prohibited from owning a gun;
- Pay child support and spousal support;
- Move out of the house you currently share; or
- Follow the child custody order.
Contact a San Jose Domestic Violence Attorney
If you need assistance with a restraining order, you should seek help from an experienced San Jose domestic violence lawyer at Foster Hsu, LLP today.
Sources:
courts.ca.gov/1260.htm?rdeLocaleAttr=en#domestic
courts.ca.gov/selfhelp-domesticviolence.htm?rdeLocaleAttr=en
