Restraining Orders

Whether you are requesting a restraining order or defending against one, you need a lawyer who knows the Domestic Violence statutes and case law.

Domestic Violence Restraining Orders can be issued immediately by the court if you face a credible threat of violence from a family member or someone with whom you have or had a dating or romantic relationship.

Temporary restraining orders can be issued immediately by the court (you do not have to wait for a hearing) without notice to the other party if there are facts constituting a credible threat of violence. The temporary can include child custody orders as well as an order for one of the parties to leave the home if the court believes it is necessary.

In order to obtain a Domestic Violence Restraining Order, the parties must have a family, dating or marital relationship. You cannot get a Domestic Violence Restraining Order against a friend, co-worker or any other person unless there is or has been a family, marital or dating relationship.

Domestic Violence Restraining Orders can be issued even if there has not been actual physical violence. The court can issue temporary orders restraining behavior such as harassing, excessive telephoning, threatening and stalking as well as assaulting or battering someone.
Under California Family Code Sections 6320:

6320.  (a) The court may issue an ex parte order enjoining a party from
molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, harassing, telephoning, including, but not limited to, making annoying telephone calls as described in Section
653m of the Penal Code, destroying personal property, contacting, either directly or indirectly, by mail or otherwise, coming within a specified distance of, or disturbing the peace of the other party,
and, in the discretion of the court, on a showing of good cause, of other named family or household members.

(b) On a showing of good cause, the court may include in a protective order a grant to the petitioner of the exclusive care, possession, or control of any animal owned, possessed, leased, kept, or held by either the petitioner or the respondent or a minor child residing in the residence or household of either the petitioner or the respondent. The court may order the respondent to stay away from the animal and forbid the respondent from taking, transferring, encumbering, concealing, molesting, attacking, striking, threatening, harming, or otherwise disposing of the animal.