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Domestic Violence & Restraining Order Attorneys in
Riverside, San Bernardino and Orange County
During the divorce proceedings and/or subsequent to entry of a judgment of dissolution,
upon request of either or both parties the court may also grant domestic violence
restraining orders (DV Restraining Orders). Domestic violence restraining orders may
include but are not necessarily limited to personal restraints, property restraints,
stay-away orders, no-contact orders, orders that one or both parties pay specific bills,
and/or orders to award exclusive possession and/or control of certain items of real
and/or personal property to one or both parties.
DV Restraining Orders are granted when one party can prove that domestic violence has
occurred as defined in the California Family Code. Conduct that constitutes domestic
violence under the California Family Code includes such things as: stalking, harassing,
verbal threats, threats with objects such as knives or clubs, unlawful imprisonment,
following, limiting the movement of an individual or ability to leave, assault, and
battery.
Generally, the person seeking the restraining order (the protected person) will seek a DV
Restraining Order (CLETS) as an emergency or expedited basis know as an ex-parte
hearing. Many courts have an actual hearing in front of a judge to hear ex-parte
motions. However, some courts only require that the protected person file a declaration
in support of the request and that the Defendant or accused file a declaration in
opposition of the request for a DV Restraining Order. If the court grants the motion, it
will issue a temporary restraining orders for twenty-one (21) days. A hearing will also
be set for both parties, the protected person and the defendant, to return to court to
have an evidentiary hearing to determine whether the court should grant permanent
restraining orders or dismiss the case.
There have been recent changes in the law concerning domestic violence restraining
orders. In the past, the court could grant a permanent restraining order for up to three
years. Now, courts have the ability to grant them for up to five years.
Once the permanent restraining order is about to expire, the protected person may file a
request to re-issue the permanent restraining order. The court can grant the re-issuance
on an ex-parte basis but most courts will require an evidentiary hearing to determine is
there is evidence in support of continuing the permanent restraining order beyond its
original expiration date.
Normally, a court will issue another temporary restraining order when a protected person
applies for a re-issuance and set a hearing twenty-one (21) days out to hear evidence in
support of re-issuing a permanent restraining order.
Restraining orders are registered in a statewide database. California Law Enforcement
Telecommunications System or (CLETS), allows law enforcement agencies access to all
restraining orders that are entered and filed by family law courts. This makes
restraining orders easy to enforce by law enforcement in any part of the state. However,
DV Restraining Orders also become part of the defendant’s record and this information
will be available to any person or company conducting a background check on the
defendant. This can have serious implications for the defendant in the future when
seeking employment and/or security clearances.
Our experienced family law attorneys can help you in either obtaining a restraining order
or defending yourself from an unwarrted restraining order sought by the other party.
Getting early advice by one of our experienced family law attorneys can greatly impact
the ultimate result.
For more information and a free consultation with one of our experienced attorneys
call us at 1-800-589-9901.
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