When a romantic partner threatens you or makes you feel unsafe in California, or when a romantic partner accuses you of doing the same, one of you may decide to try to take out a domestic violence restraining order on the other. Domestic violence takes place when threatening, harassing or abusive behavior occurs between two people who are either romantically involved or related by blood or marriage.
According to the California Courts, a domestic violence restraining order is a court order that protects the person who is fearful of the other party by setting certain restrictions.
Grounds for a domestic violence restraining order
You or someone else may have grounds for a domestic violence restraining order if facing threats of abuse or actual abuse from a spouse, a romantic partner, a co-parent, or a close relative. Parents whose children are under 12 and facing abuse or threats of abuse may also be able to secure a domestic violence restraining order on the child’s behalf. Children who are at least 12 may request domestic violence restraining orders themselves.
Protections domestic violence restraining orders allow
The exact stipulations covered in a domestic violence restraining order may vary from one to the next. However, if you secure one or have one taken out against you, it may set restrictions with regard to where you or the other party may go. It may also prevent you or the other party from owning a gun. These restraining orders may also set guidelines when it comes to moving out of a shared home or adhering to child custody or visitation orders. They may also address who has to pay certain bills or prevent certain parties from contacting specific individuals, among other stipulations.
Several different types of domestic violence restraining orders exist. These include temporary and permanent restraining orders and emergency protective orders, among others.