A restraining order is a court order issued to prevent the recurrence of acts of abuse by a batterer. Under the Domestic Violence Prevention Act, abuse is defined as any of the following:
The act of abuse or violence must be recent and the batterer must be a spouse, ex-spouse, boyfriend/girlfriend, ex-boyfriend/ex-girlfriend, someone with whom the victim has or has had a dating relationship, an immediate family member (mother, father, in-laws, siblings, adult children), or a person with whom a party has a child or children together. A victim that is a target of abuse but does not have the necessary relationship to the batterer may file a civil harassment restraining order.
What some people may not realize is that there are several different types of restraining orders that they can file. A restraining order can include the following:
Filing a restraining order doesn’t necessarily mean that you (or your child) will never see the batterer again. Especially for relationships involving a child, it may be important to maintain some level of contact. That contact can be closely monitored with a restraining order in place.
It is not uncommon for people to be falsely accused of domestic violence, which may lead to an innocent person having a restraining order filed against them. This can stem from malicious intent and, sometimes, it can even be used to secure certain arrangements before, during, or after a divorce.
Remember that you absolutely do not want to have a restraining order against you, especially if you may ever be involved in a case involving child custody or support. If the court makes a finding that a party seeking joint legal or physical custody has perpetrated domestic violence within the previous five years, there is a rebuttable presumption that an award of sole or joint legal or physical custody is detrimental to the best interest of the child. This may lead to you losing visitation rights to your child — all because of a false claim.
I have practiced law in Southern California for more than 25 years, and my highest priority has always been to put my clients’ needs first. I am willing to negotiate early, settle your case, and take your case all the way to court when needed. My unique approach has helped me receive top ratings from both Avvo and Martindale. If you have a restraining order matter that you’d like to discuss with an attorney, reach out to me today. I will analyze the facts and apply my strong understanding of the law to obtain the best result possible for your case.
