Southern California Family Law

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Southern California Family Law

What to Know About California Domestic Violence Restraining Orders

Uncategorized - September 30, 2021

What to Know About California Domestic Violence Restraining Orders

If you are being subjected to violence or threats of violence by a household member, it is important to know that you have legal options and protections for yourself and your loved ones. At the Simpson Law Group, our experienced attorneys are here to help you get protection through a domestic violence restraining order in Southern California. To learn more, contact us today or whenever it is safe. 

How Does California Define Domestic Violence?

Under California law, domestic violence covers a wide range of actions and people within your household. People who fall under the umbrella of domestic violence include anyone who is a current or former spouse, boyfriend, girlfriend, someone you have a child in common with, someone you live or lived with, or someone you are related to through blood or marriage.

A person commits domestic violence if they:

  • cause or attempt to cause you physical injury;
  • sexually assaults you;
  • puts you in fear that you or someone else is in danger of immediate physical injury;
  • molests, attacks, batters, or strikes you;
  • stalks you;
  • threatens or harasses you in person or through other methods;
  • destroys your personal property; or
  • disturbs your peace, which refers to actions that destroy your mental or emotional peace.

Types of Domestic Violence Restraining Orders in California

There are three types of domestic violence restraining orders — emergency protective orders, temporary restraining orders, and a restraining order after a hearing. An emergency protective order is issued if a judge or police officer believes that you or a child is in immediate or present danger or that the child is in danger of being abducted by a parent or relative. This type of order lasts for five business days or seven calendar days, whichever is shorter.

A temporary restraining order may be issued if you go to court and apply for a restraining order after a hearing. This type of order can last for up to three weeks or whenever the full hearing occurs, whichever is sooner. A temporary restraining order can be used to eject the abuser from the home, establish temporary child custody, and provide many other forms of protection.

The third type of restraining order is a restraining order that comes after a hearing or a final domestic violence restraining order. At the hearing, both sides have an opportunity to present their case as to why or why not a final restraining order should be issued. If the judge agrees to the order, this type of restraining order can last up to five years, with the option to extend it for another five years or permanently, depending on your situation.

Contact a Committed Domestic Violence Attorney in Southern California Today

If you are in fear of your safety or those of your loved ones by someone who is threatening or has committed domestic violence, the Simpson Law Group is here to help you get a domestic violence restraining order today. Contact us online when it is safe to do so to speak with one of our experienced attorneys right away about your legal options.

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