Domestic Violence Restraining Order (DVRO)
A domestic violence restraining order (DVRO) is often sought by a person who has a domestic relationship with the individual they are trying to restrain. It’s an order from the court that is meant to protect an individual from further abuse from the batterer. In order to obtain a DVRO, the individual filing the petition must meet certain criteria. A temporary restraining order may be issued at first until a subsequent hearing, which will determine whether there is enough evidence to warrant a permanent restraining order. A permanent restraining order typically lasts three years.
It is possible that future employers and others will be able to see a DVRO on an individual’s record, because the orders are held in public record databases. This could be harmful for an individual who is seeking employment, a loan, a license or something else. DVROs will contain orders for the accused batterer such as requiring they stay away from the petitioner’s work and/or home and stay a required minimum distance from the petitioner. Orders may also take away child custody rights.
Worst of all, the judge can order a 52-week batterers treatment program. Violation of DVRO or stay away orders can be prosecuted under Penal Code 136.1 and 136.2. The charges could be brought either as a felony or a misdemeanor and can carry jail time or imprisonment in the CDC if convicted. Criminal charges can also be brought under Penal Code 166 as contempt of a valid court order if the defendant knew of the order, failed to obey the order if having the ability to do so and the failure was willful. Criminal contempt charges are often treated very harshly by the court.
Put A Proven Advocate On Your Side
When you choose Premier Domestic Violence Law Group to handle your defense, you are putting an experienced former San Diego prosecutor on your side. Our results include a case where our client was fighting a restraining order. The petitioner said she was abusive and violent to him. He mentioned an instance when he called the police out to her. He tried to show a number of phone calls and text messages. In the end, we established the petitioner did not meet his burden and the order was denied.
Domestic Violence Restraining Orders (DVROs)
As a former Domestic Violence Prosecutor, Domestic Violence Restraining Orders (DVROs) are both a necessary tool and also can be ripe for abuse. There are situations where a victim needs to get help to get away from an abusive situation. Conversely, a DVRO can be someone’s attempt at “getting back” at someone. Maybe someone wants to better their child custody case and are making false allegations. Premier Law Group has the experience and results you need to examine your situation and navigate you through the process. Call us for a free consultation at (619)736-3375
What is Domestic Abuse?
“Domestic violence” is abuse perpetrated against any of the following persons: A spouse or former spouse, a cohabitant or former cohabitant, a person with whom the respondent is having or has had a dating or engagement relationship, a person with whom the respondent has had a child, and any other person related by consanguinity or affinity within the second degree. (Fam. Code, §6211). “Cohabitant” means a person who resides regularly in the household. The term does not include persons who simply sublet different rooms in a common home, if they otherwise are not part of the same household or do not have some close interpersonal relationship, i.e., a romantic relationship. Alternatively, the term “cohabitant” is not restricted to romantic partners; it can include parents, grandparents, children, and other relatives. (Fam. Code, §6211). Premier Law Group has the experience and results you need to examine your situation. Call us for a free consultation at (619)736-3375
Requirements to File a Domestic Violence Restraining Order
You can file for a DVRO if:
- A person has abused you recently, and
- You have a close relationship with that person (i.e. married or registered domestic partners, divorced, separated, dating or used to date, live together or used to live together), or you are related (parent, child, brother, sister, grandmother, grandfather, in-law). Simply being roommates with the restrained person is not enough. (O’Kane v. Irvine(1996) 47 Cal.App.4th 207.)
What can a Restraining Order do for someone?
A restraining order is a court order that protects a person from abuse. To “abuse” someone means to intentionally or recklessly cause or attempt to cause bodily injury, or sexual assault, or place another person in reasonable apprehension of imminent serious bodily injury to himself, herself, or another. Abuse can be spoken, written, or physical—it need not be actual infliction of physical injury. (Fam. Code, §6203). Abuse can be accomplished by destroying personal property, by telephoning someone, or even through the mail. (Fam. Code, §6203(d)).
A Domestic Violence order is a court order that can restrict the restrained person’s personal conduct, order the restrained person to stay away from you, your work/home, and/or your children, children’s school, other relatives, or those who live with you, order the restrained person to be removed from the residence, order child custody, visitation and support, or any other miscellaneous orders. (Fam. Code, §6300).
If you are being accused of abuse, the ramifications are far-reaching. It can affect child custody, where you live, and will be on your criminal record. Finally, Family Code 3044 creates a rebuttable presumption against child custody of there is a finding of DV. This includes persons who may be facing Domestic Violence charges. You want to make sure you have an advocate to tell your side of the story. Premier Law Group has the experience and results you need to examine your situation. Call us for a free consultation at (619)736-3375.