Friday, January 31, 2014

Relationship for Domestic Violence Restraining Order

You can request a domestic violence restraining order if a person has abused, or threatened to abuse, you and that person has one of the following relationships with you:

  • Married or registered domestic partners,
  • Divorced or separated,
  • Dating or used to date,
  • Living together or used to live together(more than roommates),
  • Parents together of a child, OR
  • Closely related (parent, child, brother, sister, grandmother, grandfather, in-law).

You can also request a domestic violence restraining order if the person has repeatedly contacted you with the intent to annoy or harass you by phone, e-mail, text message, or other electronic means.  

You will have the burden of proving by a preponderance of evidence that there was abuse, threat of abuse, or unwanted annoying or harassing communications.  

The first step is to obtain a temporary restraining order (TRO) based upon your signed affidavit.  Your case will then be set for a hearing to determine if a permanent ("long term") restraining order will be issued.  If granted a domestic violence restraining order can last anywhere from 2 to 5 years and can potentially be renewed at the end of that term.  Before the hearing on the permanent restraining order, you will need to have the restrained person personally served with the Notice of Hearing and TRO and file proof of service with the court.

*This information does not constitute legal advice.  For more information on domestic violence restraining orders, contact Senh Law Associates at (925) 408-8546.

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