Addressing Domestic Violence In California
It can be hard to talk about domestic violence or admit that it is happening. When you’re ready to seek help, consider putting a family law attorney on your side.
At Amaral Law Inc. in Stockton, attorney Tamran Amaral has been providing California family law representation since 2013. She understands that this is a difficult situation, and she is here to help you and your family get through it. With her considerable experience in family law, she has represented many people who are affected by domestic violence in California. Learn what she can do for you.
Protective Orders In California
In California, there are three types of protective orders:
Emergency protective orders: This type of order can be signed by a judge at any time of the day or night. They are used in situations of domestic abuse, as well as child abuse or abduction.
Temporary restraining orders: A TRO is for short-term protection, from 10 to 25 days, from abuse, threats and harassment, including domestic violence. A full court hearing will determine whether the TRO should be extended.
Domestic violence restraining orders: You can take out a domestic violence restraining order against a spouse or partner, or a person you dated or had an intimate relationship with. This type of restraining order allows you to specify as applicable:
- That they have no contact with you and your children
- That they must stay a specific distance away from you and your family
- That there will be no stalking, harassing or threatening you and your family
- That they move out of your shared home
- That they not possess firearms
- If you are married, that they pay spousal maintenance
- If you share children, that they pay child support
You can also request that a judge makes custody orders if you share children.
Modifying And Terminating Orders
If you need to modify or terminate a restraining order, you have to file forms DV-300 and DV-310. The other party must be served, and you must attend the hearing. The judge will determine whether there has been a significant and material change in the situation.
What If You Are Accused Of Domestic Violence?
You have rights if you’ve been accused of domestic violence. You can and should respond to the order if you are served. Read it and follow the orders, even if you think they are unfair or not applicable to you. You can file a response using Form DV-120 prior to the hearing. You may want a lawyer to represent you because court hearings can be overwhelming on your own.
Domestic Violence FAQ
The following answers can help you understand how these orders work in California to help you make informed decisions about your rights and legal options.
What proof can help support a domestic violence restraining order?
Obtaining a Domestic Violence Restraining Order (DVRO) requires evidence showing that abuse, threats, harassment, stalking or other qualifying conduct occurred. The court will review any information that helps establish the need for protection.
Common forms of evidence include:
- Police reports documenting domestic violence incidents.
- Photographs of injuries, property damage or other physical evidence.
- Text messages, emails, voicemails or social media communications containing threats or harassment.
- Medical records showing treatment related to abuse.
- Witness statements from family members, neighbors, coworkers or others who observed the conduct.
- Prior court records involving domestic violence, harassment or related offenses.
- A detailed personal declaration explaining what happened, when it occurred and how it affected you.
The stronger and more organized the evidence, the easier it may be for the court to understand the circumstances and determine whether a restraining order is appropriate.
What are the consequences of violating a domestic violence restraining order?
California courts take restraining order violations seriously. A person who knowingly violates a DVRO may face both criminal and civil consequences. Potential penalties include:
- Arrest by law enforcement
- Criminal misdemeanor charges
- Fines imposed by the court
- Jail time for the violation
- Additional restrictions or modifications to the existing restraining order.
- Negative effects on child custody or visitation matters
- Contempt of court proceedings
Even conduct that seems minor, such as prohibited phone calls, text messages, social media contact or appearing at restricted locations, can result in enforcement action if it violates the terms of the order.
Can a domestic violence restraining order impact employment or professional licensing?
A domestic violence restraining order may appear during certain background checks and can potentially affect employment opportunities, professional licenses and security clearances. The impact depends on several factors, including:
- The type of background check being conducted.
- Whether the restraining order is active or expired.
- The nature of the job or professional license.
- Whether the restraining order is connected to a criminal case.
- Industry-specific regulations and licensing requirements.
For example, professions involving law enforcement, healthcare, education, government positions or professional licensing boards may scrutinize restraining orders more closely than other employers. In some situations, a DVRO can also affect firearm rights under California and federal law, which may impact certain careers.
Not every employer or licensing agency will treat a restraining order the same way. However, because the potential consequences can be significant, individuals dealing with a DVRO should consider speaking with an attorney to understand how a restraining order may affect employment, licensing concerns and available legal options.
Call Our Firm In Stockton Today
Our caring, experienced attorney is ready to help you protect yourself and your family. You can call us or text us at 209-740-4800, or complete our contact form.