Obtaining and Renewing a Domestic Violence Restraining Order

Obtaining a Domestic Violence Restraining Order

To obtain a domestic violence restraining order, the abused party must show that it was more likely than not that he or she suffered abuse by the other party. Requests for Domestic Violence Restraining Orders are usually made to the judge of the Superior Court in the County in which you reside. While the judge will grant or deny your request for a temporary restraining order within hours of filing the request for a restraining order, obtaining a long-term restraining order usually requires a trial in front a judge where live witness testimony is taken. The party claiming abuse will generally testify to the abuse he or she has suffered and can call any other witnesses to the abuse. The person being accused of abuse will also be permitted to testify, cross-examine the witnesses and bring his or her own witnesses. After all the witness testimony and evidence is submitted to the judge, the judge will review the evidence and decide whether to grant or deny the request for a restraining order. If granted, the permanent restraining order can last up to five years

Permanent Restraining Order

A permanent restraining order is entered in a statewide database and is available to law enforcement agencies and employers who conduct a background check. The restrained party could suffer job and income loss as a result which could also affect the restrained party’s ability to pay child and spousal support. Whether you are the restrained party or the protected party, you should consult with an attorney to determine the benefits and consequences of having a restraining order in place.

If you are a victim of domestic violence or you have been accused of domestic violence, you can find valuable information through the Center for Domestic Peace

Categories: Domestic Violence

About the Author

Rachel Castrejon opened her own law practice immediately after graduating from Loyola Law School and passing the California Bar exam in 1998. When she first opened her practice, she handled a variety of cases including wrongful termination, criminal appeals and family law matters. Ultimately, she chose to practice exclusively in the area of Family Law because she likes helping her clients through a very emotional process. Rachel’s goal is to help her clients through one of the most difficult times in their lives – the breakup of their family. Rachel understands the importance of achieving a resolution that is good for the entire family, particularly the children involved.

Learn more about Rachel

Disclaimer: The information and examples provided herein are based on the laws and regulations at the time of writing. Prior to deciding how to hold title in your property, you should consult with an accountant, probate attorney or family law attorney to determine the best way to hold your property for the purpose you want to accomplish.