There are unfortunate situations where you may be in fear of, or have been, abused by someone you know. A knowledgeable restraining order attorney can help you obtain a domestic violence restraining order against your abuser to prevent further abuse. The order can extend to your family or household members.
Domestic Violence Defined
California defines domestic violence as abuse, or threats of abuse, between people who are or have been in an intimate relationship — i.e., married, domestic partners, reside or resided together, dating or dated, or has a child together — or are related by blood or marriage.
Abuse is the:
- Intentional or reckless hurting, or trying to hurt you, physically;
- Sexual assault;
- Use of threats, promise of harm, or other means to make a person reasonably afraid that you or someone else are about to be seriously hurt; or,
- Harassing, threatening, stalking, hitting you, or similar behavior; disturbing your peace; or destroying your personal property.
Abuse may involve shoving, kicking, pushing, hair pulling, throwing objects, following or scaring you, keeping you from freely coming and going, or even physical abuse of family pets. Abuse can take other forms, such as verbal, emotional or psychological. Abusers may utilize a combination of tactics to gain power and control over you.
If any of instances described above has occurred to you, immediately contact a tenacious restraining order attorney Rick Banks, who can help you obtain a domestic violence restraining order.
Purpose of a Domestic Violence Restraining Order
Domestic violence restraining orders can require the abuser to do the following:
- Not have contact or go near you, your children, relatives and those who reside with you;
- Stay away from your work, home, or your children’s child care or schools;
- Move out of your house, even if you are residing together;
- Not own or possess a gun;
- Abide by child custody and visitation orders;
- Pay child support;
- Pay spousal (if married) or partner (if domestic partners) support;
- Remain away from your pets;
- Transfer the rights to a cellphone account and number to you;
- Pay specific bills;
- Not make alterations to insurance policies;
- If you are married or domestic partners, to not do anything significant or incur large expenses affecting your or the other person’s property;
- Release or return certain property; and,
- Complete a 52-week batterer intervention program.
Once the court issues a restraining order, they enter it into the CLETS, a statewide computer system that is accessible by all law enforcement officers. The restraining order is valid nationwide; however, you should contact your local police and advise them of your orders if you move out of California.
All restraining orders are valid in California, even if the order is from an outside state or was issued by a tribal court. You may register, although not required to be valid, your restraining order with the court to have it entered into California’s statewide domestic violence computer system.
A Restraining Order Can’t…
Domestic violence restraining orders cannot do the following:
- Terminate your marriage or domestic partnership.
- Establish parentage (paternity) of your children with the abuser (restrained person), unless you and the abuser agree to the parentage of your children and the court enters a judgment regarding parentage.
Effect of the Restraining Order
Ramifications of a restraining order is severe, such as criminal and civil liability, presumption that the abuser should not have custody of the children for five years, loss of right to own a firearm, loss of employment opportunities or professional license, and possible deportation.
Call a Restraining Order Attorney
If you are a victim of abuse, contact restraining order attorney Rick D. Banks at (559) 222-4891 to receive help obtaining a restraining order or other relief.