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Domestic Violence (DV)

A good attorney can represent men and women in bringing and defending against requests for restraining orders under the Prevention of Domestic Violence Act. They will help you with not only the legal aspects of such actions, but the practical aspects, such as child custody, visitation, and temporary housing.

The laws surrounding domestic violence in family law were dramatically strengthened after the O.J. Simpson case. The Domestic Violence Prevention Act (DVPA) was hurriedly drafted and passed. The goal was to make it easier for household members to receive quick, decisive restraining orders to avoid further domestic violence.

Family Law Restraining Orders Are Far Reaching

DVPA orders can be obtained and affect anyone, or their close relative, who recently lived in a household with someone else. For example, two women share a house together for one month. The mother of one of the female housemates could get a restraining order against the other woman in that household.

Family Law Restraining Orders Are Very Different from Criminal Law Restraining Orders

At best, a criminal law restraining order lasts as long as the criminal law case lasts and the person is on probation. It provides for “stay away” orders, but unlike family law restraining orders, it doesn't deal with things like child custody, payment of debts, use of vehicles or support, as does a family law restraining order.

You Don't Have to be "Hit" to Obtain a Family Law Restraining Order.

This holds true in both criminal and family law cases, but more so in requests for a family law restraining order. You only have to have a reasonable fear of violence to obtain a restraining order, and that such violence could occur again without help from the court. In San Luis Obispo County this has been liberally construed.

For example there was one case where a man yelled at his wife, very close to her face, then left the room, slamming the door on the way out. The house was being renovated and the door was not secured to the door jam. The door fell of its hinges and had to be re-hung. A DVPA restraining order against the husband was immediately issued as a result.

Family Law Restraining Orders Can Be Issued Without Any Notice

Usually the court requires that proposed restrained person receive notice that a hearing is going to take place. But that notice will likely be less than two days, often less than 24 hours notice. But sometimes, depending on the facts alleged in the request, the court will issue a restraining order without any notice.

This means that one morning you wake up and a police officer is at your door handing you a family law restraining order. You will find that you:

  • are being kicked out of your home.
  • have one hour given to you by the police to collect your personal toiletries and clothes, but nothing else, such as your computer or tax records.
  • are not allowed near any the family cars and have to drive the truck you use to conduct your business.
  • must contact a court approved supervisor and pay $75.00 an hour to see your kids under their supervision at their facility.
  • find the good news is that $75.00 an hour won't financially break you because you're only allowed one hour a week to see your children.
  • get to pay the mortgage and the car payments of the cars that you can't drive while this whole thing is sorted out at a hearing in a couple of weeks.

Unlike Criminal Law, Family Law Restraining Orders Can Be Renewed Without Further Incident

Family Law Restraining Orders are usually in effect for three years. However, they can be initially issued for five years. After that time they can be renewed, without any further incident occurring, or issued as a permanent order, in other words, forever.

Family Law Restraining Orders are serious business. While most of the orders are temporary, the child custody orders can be very difficult to modify if you don't have evidence. That goes for either side. The requests for these orders require serious and immediate attention.

The moment you suspect that you need one or fear that one may be brought against you, you need to contact a competant attorney for a free initial consultation. They can help you secure the evidence you need to fight for your position. She is experienced in fighting vigorously for or against such orders.

Domestic Violence (DV) - Frequently Asked Questions

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