Restraining orders can be obtained through the family court under the Domestic Violence Protection Act if the victim and the abuser have or are married, dating, used to date, have a child together, live together, etc.   A restraining order can offer protection for the victim, but may include protective orders for other persons living with the victim regardless of relationship.   If a person needs a restraining order against someone other than those described above, a civil harassment order of protection can be obtained in lieu of a domestic violence restraining order.

A common comment that I hear from victims and perpetrators alike is something like this:  "Well I didn't actually hit her" or words of that nature intended to remove or diminish the perpetrated actions from "violence" standards.  However, the Family Code has a broad definition for conduct that it will consider for restraining order purposes under the Domestic Violence Prevention Act.  Obviously, hitting, kicking, punching, pushing would all fall under domestic violence.  But so would threats, blocking someone's path, harassing phone calls, breaking objects or damaging property, making threatening gestures such has getting into someone's face, or punching the air, or other nonverbal expressions of anger.

While a restraining order cannot truly prevent a person from harming another person if that is their true goal (it is after all a piece of paper), a validly issued restraining order will give law enforcement the legal authority they need in order to arrest and prosecute someone who violates a restraining order. 

If you are a victim of domestic violence, it is important to your physical and mental health to obtain the necessary court orders to protect you and possibly other family members.  The court can offer victims additional services such as the Personal Empowerment Program to assist a victim with learning how to recognize and deal with boundary and other issues.

If you are or have been a perpetrator of domestic violence and have restraining orders pending against you, it is imperative that you have legal representation during the proceedings in order to ensure that your constitutional rights are protected.

I have represented many perpetrators and victims of domestic violence and you are welcome to call me to discuss your matter.

For an initial consultation, please email us or call (949) 261-7700 or (949) 713-3817.