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How do domestic violence restraining orders work in California?

On Behalf of | Aug 16, 2022 | Divorce |

When you are in a marriage with someone in California and feel as if the person you married is a danger to you, you may decide to seek a domestic violence restraining order. A domestic violence restraining order is a court order that restricts the person you fear from doing certain things or coming within a specific distance of you.

Per the Judicial Branch of California, you may be able to request a domestic violence restraining order if two things are true. First, the person you wish to take the order out against must have abused or threatened you. Second, you have to have a close relationship with the party who abused or threatened you.

What domestic restraining orders do

When you take a domestic violence restraining order out on someone, it may prevent him or her from coming near you, your home your pets or your loved ones. It may, too, restrict that individual from being able to have a gun, among other possible limitations. A restraining order may also mandate that that party it applies to must pay child support or otherwise follow child custody or visitation orders.

What types of restraining orders California recognizes

California recognizes several types of domestic violence restraining orders. There are emergency protective orders, which last up to seven days. Then, there are temporary restraining orders, which generally last somewhere between about 20 and 25 days. The state also recognizes “permanent” restraining orders, which may last up to five years, and criminal protective, or “stay away,” orders, which involve the district attorney filing charges against the party in question.

Keep in mind that abuse is not always physical in nature. In some cases, verbal, emotional or psychological abuse may also give you grounds to seek a domestic violence restraining order.