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Responding to a Restraining Order in California

Responding to a Restraining Order in California

A lot of people have misconceptions about domestic violence, and in effect, their confusions about the law end up landing them on the other side of a restraining order. Under California law, domestic violence is not limited to beating someone. It involves physically hurting someone, hair pulling, scaring or following the victim, harming family pets, stalking, hitting, destroying someone’s property, sexual assault, and threatening to hurt someone, among other abusive behaviors.

Domestic Violence Restraining Orders

Domestic violence refers to emotional or physical abuse between married people, divorced spouses, people who are in an intimate relationship or who used to be, household members, close relatives through blood or marriage, or people who have a child together.

If someone is being abused, they can ask the court for a domestic violence restraining order, which is a court order that protects people from their abusers. A victim can ask the court for a restraining order from someone they have a close relationship with if the abuser has abused or threatened to abuse them in the past, and if they are: married, divorced, separated, dating or dated in the past, live together or previously lived together, are parents with a child in common, or they are closely related.

A domestic violence restraining order can do several things. It can order the abuser to:

  • Not contact or go near the victim;
  • Stay away from the victim’s home, work, or their children’s schools;
  • Move out of the family home;
  • Not have ammunition or firearms;
  • Follow child custody orders;
  • Pay child support;
  • Pay spousal support:
  • Stay away from the family pets;
  • Transfer the rights to cellphone numbers to the protected person;
  • Not change certain bills; and
  • Successfully complete a 52-week batterer program.

How Do I Respond to a Restraining Order?

If you are named in a restraining order, it’s going to be difficult to find free or low-cost legal help, which is often readily available for victims of domestic violence. Since the court staff cannot give you legal advice, it’s in your best interests to contact our firm to schedule a free consultation with Attorney Ahmed, who can answer all of your questions and guide you to the best possible resolution.

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