If you or someone you know is in immediate danger, call 911.
Domestic violence (also known as intimate partner violence) is abuse occurring between a significant other or family member. According to the U.S. Centers for Disease Control and Prevention, “about 41% of women and 26% of men experienced contact sexual violence, physical violence, or stalking by an intimate partner during their lifetime and reported a related impact.” It is essential to know how to protect yourself as best you can from an abusive partner.
The most dangerous time for victims is when they are trying to leave their abuser. The upmost care should be taken when a victim is the process of leaving an abuser. While action can occur through the criminal court, victims have remedies through the civil court as well. This is where Domestic Violence Restraining Orders come in.
What is Domestic Violence in California?
In California, in order to seek a domestic violence restraining order, you must meet 2 criteria 1) Specific relationship; and 2) Act of Abuse:
Specific Relationship Type
Under California Family Code § 6211, you can file for a domestic violence restraining order against the following individuals:
- A spouse/domestic partner or former spouse/domestic partner
- Someone you have a child with
- Someone you are dating or used to date
- Someone you were engaged or used to be engaged.
- Someone you lived with as more than roommates
- Family members (through blood, marriage or adoption)
- Parent, stepparent, or parent-in-law
- Child, step-child or legally-adopted child
- Child’s spouse
- Sibling, step-sibling or sibling-in-law
- Grandparent, step-grandparent, or grandparent-in-law
- Grandchild, step-grandchild, or grandchild-in-law
If you do not meet the specific relationship, it does not mean you cannot take action. It may means you need to file for a Civil Harassment restraining order instead. For examples, Aunt/Uncles, Nieces/Nephew and Great Grandparents would require a Civil Harassment Order not a Domestic Violence Restraining Order.
What are Acts of Abuse
While the definition of abuse may vary state to state, California has a broad view of what is defined as abuse. (California Family Code § 6203). Abuse in California includes physical, sexual, emotional, financial and mental abuse. California Court have recently included coercive control in their definition on abuse. Coercive control is defined as “a pattern of behavior that in purpose or effect unreasonably interferes with a person’s free will and personal liberty.” (California Family Code § 6320).
How Can I Get Protection?
A victim can and should seek a Domestic Violence Restraining Order in order to gain protection for self, children, family, an/or someone you live with from abuse. The court can order the Abuser to stop specific acts of abuse, not contact you, stay away from you and you children, your home, your vehicle, you or your children’s school, work, or move out of the home. If you and your abuser have children, the court can enter custody order and other financial orders to ensure you are able to take care of self and your children while going through the Domestic Violence process.
A skilled family law attorney will help ensure you fill the request out correctly, provided necessary evidence and request all necessary relief from the court. If you are unable to afford an attorney, many counties have Domestic Violence Restraining Order clinics to assist with the paperwork. In addition, you can request the other side pay some or all of your attorney fees, if you restraining order is granted.
What Should I Provide to my Attorney to Assist my Case?
When preparing to talk to your attorney, it can be helpful to provide the following information and/or documents:
- Dates of abuse;
- Names of people present during abuse;
- Photos of injuries or property destruction; or
- Any communication with your abuser about the abusive events; or
- Video or Audio of the abusive event.
While California is a two-party consent state for recording conversations, there are some limited exceptions for domestic violence. Speak with an experience family law attorney on these exceptions.
If you or someone you know is in immediate danger, call 911. Otherwise, if you need assistance with filing your domestic violence restraining order, our firm of experienced attorneys is here to help. Contact us to set up your consultation today.