Domestic Violence and Restraining Orders
Whether actual or threatened acts of domestic abuse occur within or without a marital relationship, “protective orders” identical to those available in a marital proceeding may issue ex parte and/or on noticed motion in an independent action commenced under the Domestic Violence Prevention Act.
This act is intended to prevent the recurrence of acts of domestic violence and to provide for a separation between the parties involved for a period of time sufficient to enable them to seek a resolution of the causes of the violence.
An alleged domestic violence victim is a “protected person” under the DVPA and thus entitled to the benefit of a DVPA order only if he or she fits one of the descriptions contained in Ca Fam § 6211 below. Protective and other “domestic violence prevention” orders may issue, with or without notice, to prevent a recurrence of domestic violence pursuant to affidavit demonstrating, to the court’s satisfaction, “reasonable proof of a past act or acts of abuse.”
The person seeking a DVPA remedy as a “protected person” must fall into one of the following categories described in Ca Fam § 6211:
- Spouse: A spouse or former spouse.
- Cohabitant: A “cohabitant” or former cohabitant–meaning a person who regularly resides (or formerly regularly resided) in the household.
- Dating Or Engagement Relationship: A person with whom the respondent (alleged perpetrator) is having or had a “dating or engagement relationship.”
- Co parent: A person with whom the respondent (alleged perpetrator) has had a child . . . where, pursuant to the Uniform Parentage Act, the male parent is the presumptive father of the child of the female parent.
- Child: A child of a party or a child who is the subject of a Uniform Parentage Act action, where the presumption applies that the male parent is the father of the child to be protected. Blood Relatives: Any other person related by consanguinity or affinity within the second degree.
Domestic Violence Services
- Domestic Violence Restraining Orders (temporary and permanent)
- Civil Harassment Restraining Orders
- Elder or Dependent Abuse Restraining Order
- Criminal Protective Orders
- Restraining Order Enforcement
- Enforcing Out of State Restraining Orders
Whether you’re asserting or defending against a domestic violence charge, the process can be emotional and stressful. You need strong advocacy and personal sensitivity during this time. We’ll be right there with you every step of the way.
Domestic Violence includes:
- Verbal, social, and sexual abuse,
- Physical assault or abuse,
- Destroying personal property,
- Annoying phone calls, texts, and e-mails,
- Bullying on social media
- Violent or threatening behavior, even if the accused did not intend to harm the victim.
What can restraining orders do?
A restraining order is a court order that can order the restrained person to:
- Not contact or go near you, your children, other relatives, or others who live with you
- Stay away from your home, work, or your children’s schools,
- Move out of your house (even if you live together)
- Not have a gun
- Follow child support and visitation orders,
- Pay child support,
- Pay spousal or partner support,
- Stay away from any of your pets,
- Pay certain bills,
- Not make any changes to insurance policies,
- Not incur large expenses or do anything significant to affect your or the other person’s property if you are married or domestic partners,
- Release or return certain property.
National Domestic Violence Hotline
Staffed 24 hours/day by trained counselors who can provide crisis assistance and information about shelters, legal advocacy, health care centers, and counseling.
If you have questions or would like more information regarding Domestic Violence in California
Contact Lavinsky Law Today
Lavinsky Law is located in Los Angeles, California and serves clients in Los Angeles County, including Beverly Hills, Brentwood, Burbank, Culver City, Encino, Glendale, Hermosa Beach, Inglewood, Long Beach, Manhattan Beach, Pasadena, Redondo Beach, Santa Monica, West Hollywood, Hollywood, North Hollywood, Norwalk, Pomona, San Fernando, Sherman Oaks, Studio City, Torrance, Van Nuys, Westwood, South Bay, and El Segundo, CA.