If you’re experiencing domestic violence or are in danger of being harmed by your partner, it’s important to take steps to protect yourself and your family. One way to do this is by seeking a domestic violence restraining order from the court. This can help keep you safe by limiting your partner’s access to you and ordering them to stay away from you. If you’re considering seeking a restraining order it is important to understand your rights and how the law can protect you. At Martin Family Law Group, our Los Angeles domestic violence attorneys are ready to assist you with your case. Call (310) 694-9533 today to schedule your free consultation.
What is Domestic Violence?
Domestic violence involves a pattern of abusive behavior used by one person to exert or maintain control over another. According to California law, to be considered domestic abuse, there must be an intimate relationship between the two parties. Examples include
Boyfriend or girlfriend;
Someone you share a child with;
Someone you cohabitate or have cohabitated with; or
Someone you are related to through blood or marriage.
When people think of domestic violence and abuse in a relationship, they often think of physical abuse. However, there are many different types of abuse that can occur in a relationship. It is important to be able to identify the different types of abuse so that you can get the help that you need. Examples of different types of abuse include the following:
Emotional Abuse: Emotional abuse is when someone uses words or actions to control, intimidate, or put down another person, such as name-calling, threats, shaming, and manipulating what another person thinks or feels.
Physical Abuse: Physical abuse is when someone physically hurts or tries to hurt another person on purpose. This can include hitting, slapping, pushing, kicking, choking, and hair-pulling.
Financial Abuse: Financial abusers often control the money in a relationship and make all the decisions surrounding money. They may give their partner an allowance and require them to ask for money. They may also forbid their partner from working or limit their access to joint accounts.
Sexual Abuse: Sexual abuse is any type of sexual contact that is made without consent. Sexual abusers may use force, threats, or coercion to commit sexual acts against their partners. They may also take advantage of a partner who is unable to consent because they are underage or have a disability.
What a Domestic Violence Restraining Order Can Require in California
A Domestic Violence Restraining Order (DVRO) is a court order designed to protect victims of domestic violence from further abuse. Domestic violence restraining orders can include the following directives:
Personal Conduct Orders
A personal conduct order is a set of instructions telling the restrained person how to behave. For example, a personal conduct order might tell the restrained person not to call, text, or email the protected person. The personal conduct order might also tell the restrained person to stay away from the protected person’s work, school, or home.
Stay Away Orders
A stay-away order is an order that requires the restrained person to keep a certain distance away from the protected person. The stay-away order will specify how far away the restrained person must stay. For example, the stay-away order might say that the restrained person must stay 100 yards away from the protected person at all times.
Residence Exclusion Orders
A residence exclusion order is an order telling the restrained person to move out of the home that they share with the protected person. The residence exclusion order will specify how much time the restrained person has to move out and where they must go.
Why You Should Hire A Domestic Violence & Restraining Order Attorney
If you find yourself embroiled in a family law dispute, hiring a lawyer should be at the top of your list of priorities. The attorneys at The Martin Family Law Group will help manage your expectations, understand what’s going on with your case, and fight for the best possible outcome for you—all while keeping your best interests at heart. Contact our firm today to schedule a free consultation.