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.
Acting quickly to protect your rights is critical, so call 619-752-3702 now for your free consult.
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.
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.)
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 619-752-3702.
