Introduction
Domestic violence remains a serious and unfortunately prevalent issue in California. Understanding the legal protections available, how to seek help, and what the legal process involves is essential for both survivors and those accused. In this comprehensive guide, we break down California’s domestic violence laws, procedures for obtaining restraining orders, and what you can expect from the legal system.
What is Domestic Violence Under California Law?
Under California Family Code § 6203, domestic violence is defined as abuse or threats of abuse when the person being abused and the abuser are or have been in an intimate relationship (e.g., married, divorced, dating, living together) or are closely related by blood or marriage.
Abuse includes physical harm, sexual assault, threats, stalking, harassment, and even destruction of property.
Types of Protective Orders
California courts offer three types of restraining orders (also known as protective orders):
1. **Emergency Protective Order (EPO):** Issued by law enforcement when responding to a domestic violence call.
2. **Temporary Restraining Order (TRO):** Issued after filing court paperwork and generally lasts 20-25 days.
3. **Permanent Restraining Order:** Can last up to five years after a hearing.
Each type of order can include provisions for no contact, move-out orders, child custody, and support.
How to Get a Restraining Order in California
To obtain a Domestic Violence Restraining Order (DVRO), the victim must:
– File Form DV-100 (Request for Domestic Violence Restraining Order) and other required forms.
– Provide a declaration detailing the abuse.
– Attend a court hearing where the judge reviews the evidence.
Forms are available at [courts.ca.gov](https://www.courts.ca.gov). The court may issue a TRO and schedule a hearing for a permanent order within 21 days.
How to Win a Restraining Order Hearing
Key to prevailing at a restraining order hearing is the quality of evidence and witness testimony. Tips include:
– Bring documentation such as text messages, emails, police reports, medical records.
– Provide clear, consistent testimony.
– Have witnesses testify if available.
– Respond promptly to any allegations.
The burden of proof is ‘preponderance of the evidence’—more likely than not that the abuse occurred.
Consequences of a Restraining Order
Being subject to a restraining order can have significant legal consequences, including:
– Loss of gun ownership rights (per Penal Code § 29825).
– Custody limitations.
– Potential impacts on immigration status and employment.
– Inability to contact the protected party—even if they initiate contact (Family Code § 6345).
Defense Against False Allegations
Unfortunately, restraining orders can sometimes be misused in custody or divorce disputes. Those wrongly accused should:
– Respond to the DV-100 promptly.
– Gather contrary evidence.
– Consider hiring an experienced family law attorney.
– Request the court to dismiss the TRO if unjustified.
California Domestic Violence Resources
Victims of domestic violence can seek support from:
– National Domestic Violence Hotline: 800-799-SAFE
– California Partnership to End Domestic Violence: [cpedv.org](https://www.cpedv.org)
– Local domestic violence shelters and legal aid organizations.
Conclusion
Domestic violence law in California is designed to protect those at risk while balancing the rights of all involved. Whether you are seeking a protective order or defending against one, knowing the legal landscape is critical. Consult a knowledgeable family law attorney to ensure your rights and safety are protected.
References and Citations
– California Family Code § 6203, § 6211, § 6300, § 6345
– California Penal Code § 273.5, § 29825
– California Courts: [www.courts.ca.gov](https://www.courts.ca.gov)
– Judicial Council Forms: DV-100, DV-109, DV-110
