Domestic violence is a serious issue, and California provides legal protections for victims through Domestic Violence Restraining Orders (DVROs). However, navigating the legal system can be overwhelming. Here at the Reape-Rickett Law Firm, our experienced domestic violence attorneys can advocate for your and fight for the strongest orders possible for your unique circumstances, ensuring your rights are protected under California law. While the information below provides a helpful overview of Domestic Violence Restraining Orders, their impact on family law matters, and how to obtain them; our experienced attorneys can guide you through each step and fight to protect your rights, safety, and well-being.
Important!: If you or someone you know is in danger of physical violence, you should first get as safe as possible and seek help immediately. Domestic violence resources, including national and local agencies with contact information are available below.
Domestic Violence, also known as Intimate Partner Violence, is a public health crisis affecting more than 10 million people every year. Domestic Violence is commonly recognized as physical, verbal, or sexual violence perpetrated against a current or former spouse, partner, co-parent, or other personal relationship defined by Family Code Section § 6211.
California has expanded the definition of Domestic Violence to include a broader range of behaviors that constitute abuse to include the following:
A Domestic Violence Restraining Order (DVRO) is a court order designed to deter further abuse by outlining legal consequences for violations. These orders establish enforceable boundaries and empower victims to seek legal recourse if the abuser violates the order.
If you’ve experienced domestic violence and fear for your safety, a Domestic Violence Restraining Order (DVRO) can be a crucial step towards protection. The process involves obtaining temporary and potentially permanent orders, each offering escalating levels of security. While anyone can file for a restraining order, with or out without counsel, it is strongly recommended you consult a Los Angeles domestic violence lawyer to help guide you through the legal process. The support and preparation of an attorney could mean the difference between a restraining order being granted or denied.
In situations where the police or other law enforcement have been involved, the responding officers may issue an Emergency Protective Order (EPO) at the scene of an incident. This temporary order is granted at a judge’s discretion and typically lasts 5 court days. It is intended to restrict the abuser’s behavior so the survivor has time to file for a Temporary Restraining Order (TRO) through their local courthouse, which gives the judge an opportunity to fully review their situation.
For more extended protection while your case progresses through the court system, you can file for a Temporary Restraining Order (TRO) at your local courthouse. A judge will review your request and the evidence of abuse. If granted, the TRO may be in effect for up to 21 days and may include provisions such as:
Following the TRO hearing, you will be responsible for serving the abuser with a copy of the order and filing proof of service with the court.
The TRO hearing serves as a steppingstone toward a “permanent” Domestic Violence Restraining Order. During this hearing, you will present evidence to convince the judge of the ongoing threat and the need for long-term protection. If granted, a permanent restraining order can last for 1-5 years and offer similar protections as the TRO. It’s important to remember that permanent domestic violence restraining orders may necessitate additional court appearances and potentially impact other family law matters such as child custody and spousal support.
The legal process surrounding domestic violence restraining orders can be complex and daunting. At the Reape-Rickett Law firm, our experienced Los Angeles-based domestic violence attorneys will help you navigate the intricacies of obtaining a DVRO while fighting to ensure your rights are protected throughout the process.
Contact one of our experienced domestic violence attorneys in Los Angeles by calling (888) 851-1611 or using our contact form.
If you or someone you know are in immediate danger, call 911.
Many organizations and shelters exist to help victims of domestic violence by providing safety planning, supportive services, housing, and other assistance to help leave unsafe situations. If you or someone you know are affected by domestic violence and need help, please consider this list of organizations providing services in Los Angeles and Ventura counties: