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In California’s family law cases, very few issues can affect matters as much as a Domestic Violence Restraining Order (DVRO). DVROs are game-changers that can have far-reaching consequences in almost every area of your family law case or divorce. Whether you are seeking a domestic violence restraining order because you have been abused or are in danger of having one granted against you, you need legal representation to help you through the process and to ensure both your safety and your rights are protected.
DO NOT GO IT ALONE OR WING IT. Having a DVRO granted against you will change your family law case for the worse. If you’re a victim of abuse, it can give you the space and peace of mind you need to start rebuilding your life and moving forward. If a domestic violence restraining order is going to be a part of your case, call The Law Office of Gary S. Austin for an evaluation today.
Domestic violence restraining orders are a specific type of restraining order that is applicable when the abuser is either a current or past intimate partner or an immediate family member, such as a parent or sibling. Assuming the DVRO is granted, the abuser will not be allowed to contact the victim or harass or threaten them in any way. The point of the DVRO is to ensure that the abuser stays away so that there is no further threat of harm to the victim.
DVROs are presented to a judge, who is the only juror. DVRO trials happen quickly and are very intense. Once the request has been filed, it’s common for a judge to make a decision on whether to grant the DVRO within 1-2 days. If someone needs protection more quickly, it may be possible to get an emergency protective order. In some cases, the judge will grant a temporary restraining order pending a hearing at a later date.
Many people believe that physical violence has to have happened and be documented for a DVRO to be put into place. And while it’s true that violence qualifies, in California, it’s possible for someone to get a DVRO for either physical or emotional abuse. For example, if someone is stalking you or otherwise threatening you but hasn’t been physically violent, this could still be enough grounds to get a domestic violence restraining order.
Having documentation of incidents of abuse from law enforcement officers can help victims present their case as to why they need protection. Other evidence that is commonly used includes threatening text messages, emails, phone calls, or other communications. Security footage from around a victim’s home or place of work can be helpful in proving stalking.
In many cases, when someone is facing domestic violence charges, a DVRO is implemented to ensure the alleged victim’s safety until the domestic violence case is settled.
When a domestic violence restraining order is granted against you, it can have severe consequences for both your personal and professional life. If you have an ongoing child custody case, it can affect your ability to parent your children if the judge believes you may be a threat to their safety.
Other penalties can include:
The direct consequences of having a DVRO granted against you include:
While these consequences are severe, it’s important to strictly abide by the terms of the domestic violence restraining order if one is granted against you. Violating a protective order is generally a misdemeanor in the state of California, but that doesn’t mean there aren’t significant penalties. For example, you can face up to one year in jail and a fine of up to $1,000. If someone is injured in violation of the protective order, the fine increases substantially.
Violating a protective order can also have even more serious consequences for your family law case if you hope to retain or regain custody of your children or increase your parenting time. Remember that it’s possible to fight a DVRO, but you need an attorney to help you through the process and increase your chances of getting the DVRO thrown out.
You may only get one chance to prove to a judge you have been abused or are being falsely accused of domestic violence. If you are faced with having your life turned upside down by a DVRO, or you are being falsely accused, contact our office, and we will work side by side with you to position your case for the best outcome possible. Riverside restraining order lawyers have experience working with the local court system and understand what evidence you need to prove that a DVRO is necessary or how you can fight one if you’ve been falsely accused. It’s crucial to address these situations quickly, so schedule an appointment to talk with a Riverside domestic violence attorney as soon as possible.
Attorney Gary S. Austin, Esq., can show you how a highly skilled lawyer creates an effective trial plan that is proven to help you deal with this most frightening event. If a domestic violence restraining order is affecting your life or you have questions about how to get one, call 951-633-7995 today for an evaluation.