Domestic Violence Restraining Order (DVRO)
Many family law disputes have a domestic violence component or threats of domestic violence. It may occur either within a marriage relationship, domestic partnership, or other non-marital relationships. Domestic Violence is defined as reckless or intentional acts of bodily injury, sexual assault, imminent danger, and other actions enjoined by Section 6320. These acts may necessitate a Domestic Violence Restraining Order and it is imperative to take action before serious harm occurs, no matter how distressing the situation may be. Our attorneys at SVLO understand the deep impact that domestic violence can have upon the abused individuals and are equipped with crucial in-depth experience with all areas of California Family Code law.
Domestic abuse is not a simple matter to solve, yet, no one should suffer abuse at the hands of a loved one, for the ramifications last a lifetime. That’s why it is important to trust your confidential problems to legal professionals who care and are willing to stand by your side through such a painful and difficult ordeal.
If you are afraid for your safety or the safety of your children because of a domestic violence situation, we encourage you to speak with a member of our team. You do not deserve to live in fear. Please call our office to set a time to discuss your matter confidentially with an attorney who is trained and knows how to help.
Escaping an abusive relationship is a struggle on its own and navigating the legal process to help protect yourself and your loved ones makes matters more difficult and complicated. Silicon Valley Law Offices has experienced and compassionate attorneys who can assist you in one of the hardest moments of your life.
What Is Domestic Violence?
Domestic abuse is a pattern of abusive behavior toward an intimate partner in a dating or family relationship, where the abuser exerts power and control over the victim. Domestic violence takes many forms and perpetrators frequently use various tactics to remain in control of the victim. Abuse in domestic violence does not have to be physical.
“Abuse” is legally defined as:
Physically hurting or trying to hurt someone, intentionally or recklessly;
Making someone reasonably afraid that they or someone else are about to be seriously hurt (like threats or promises to harm someone); OR
Behavior like harassing, stalking, threatening, or hitting someone; disturbing someone’s peace; or destroying someone’s personal property.
Victims of domestic abuse may also include a child, relative, or any other household member.
A useful tool to help identify and understand domestic abuse is The Power and Control Wheel. This wheel exhibits the pattern of abuse and violent behavior the perpetrator uses to maintain control and power. Identifying abuse is one of the most important first steps in filing a domestic violence restraining order.
If you have been a victim of domestic violence, it is important to speak with an experienced Family Law Attorney.
(Source: Developed by Domestic Abuse Intervention Project, Duluth, MN, www.theduluthmodel.org)
Protections by a Domestic Violence Restraining Order (DVRO)
In order to protect you and the individuals living in your household the court can make various orders. Even before a hearing is held, the court can make immediate temporary orders to help ensure your protection. For example, the court may order to kick-out the perpetrator out of the shared marital residence allowing them to take only their personal belongings. The court may also provide the affected spouse with favorable custody arrangements. It can order the perpetrator to stay a certain distance away from the marital home, the victim’s vehicle, the victim’s workplace and the children’s school/daycare. The court may also prohibit the perpetrator from contacting the victim both directly and indirectly.
Accused of Domestic Violence?
Being falsely accused of Domestic Violence is one of the toughest situations. It is important to understand your options once you are served with a Temporary Domestic Violence Restraining Order. It is crucial you strictly follow the order as this can be detrimental to fighting against a restraining order.
The first step after receiving a Domestic Violence Restraining Order is contacting an experienced attorney.