California Domestic Violence Restraining Orders
Dec. 30, 2011
In California, Domestic Violence Restraining Orders can be issued upon one person telling the court in writing that another person, someone they are married to, dating or living with, has committed Domestic Violence or Domestic Abuse. The restrained person needs to hire a Divorce Lawyer, also known as a Divorce Attorney, as soon as possible. When hiring a Divorce Attorney they need to know how to deal with the Domestic Violence Restraining Orders that are issued under Family Code Section 6320:
California Family Code Section 6320. (a) The court may issue an ex parte order enjoining a party from molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, harassing, telephoning, including, but not limited to, making annoying telephone calls as described in Section 653m of the Penal Code, destroying personal property, contacting, either directly or indirectly, by mail or otherwise, coming within a specified distance of, or disturbing the peace of the other party, and, in the discretion of the court, on a showing of good cause, of other named family or household members. (b) On a showing of good cause, the court may include in a protective order a grant to the petitioner of the exclusive care, possession, or control of any animal owned, possessed, leased, kept, or held by either the petitioner or the respondent or a minor child residing in the residence or household of either the petitioner or the respondent. The court may order the respondent to stay away from the animal and forbid the respondent from taking, transferring, encumbering, concealing, molesting, attacking, striking, threatening, harming, or otherwise disposing of the animal.
The types of restraining orders are issued in Los Angeles County, Ventura County, Orange County and throughout the state on a regular basis. When any court issues a Temporary Restraining Order against someone for Domestic Violence or Domestic Abuse, they must set a hearing within 21 days to hear evidence of whether or not to make it a permanent order, which means it can stay in effect up to 5 years.
Domestic Battery, Domestic Abuse, Spousal Abuse and Domestic Violence are all terms for the same thing in California. We have represented both men and women in courts from San Diego County to Nevada County, we are experienced attorneys who have defended people in Los Angeles County, Ventura County, Orange County and Santa Barbara County.