Pamela Wright, ESQ.

The Restraining Order

Do you need a restraining order to protect you from further abuse?  If so, listen up...

In California, the police can issue you an Emergency Protective Order when they arrive at the scene and find that you are in immediate and present danger based on your allegation of recent abuse or threat of abuse.   

Once you have the Emergency Protective Order, you will need to seek a Domestic Violence Restraining Order with the Superior Court of California.  For example, women living in Los Angeles county would go to the Los Angeles Superior Court to obtain a domestic violence restraining order. 

In Los Angeles, at your first court hearing the judge typically decides whether to issue you a temporary restraining order and then sets the case for another hearing approximately 3 weeks later.  At that second hearing, the judge will hear live testimony (so bring your witnesses) and consider whether the evidence supports granting you a restraining order which could last up to 5 years and later be subject to renewal for up to 5 years or permanently (this renewal is not automatic).  

When filing your request for a restraining order be specific about the abuse.  Instead of stating "I was abused" state "He punched me in the face" or "kicked my leg."  Being specific about the abuse will help your case.  

I will be writing a series of articles on domestic violence restraining orders so stay tuned...

Take care,

Pam

   

Domestic Violence and the Weekend

It has been said that domestic violence rises over the weekend particularly on Sunday.  This gives rise to many people coming into the courthouse to get restraining orders on Monday. 

If you ever find yourself in need of a restraining order over the weekend, here's something you can do.  The police can issue what's called an Emergency Protective Order when they are called to a scene after certain requirements are met. The police can also issue an Emergency Protective Order from the police station.  This order is meant to protect victims of domestic violence and their children from further harm until they can get to a courthouse to request a Restraining Order.  "An emergency protective order expires at the earlier of the following times: a) the close of judicial business on the fifth court day following the day of its issuance or b) the seventh calendar day following the day of its issuance."  Family Code section 6256.     

If you need a restraining order over the weekend when the court is closed, you can ask the police for an Emergency Protective Order which can be issued once certain requirements are met.  In order to issue the Emergency Protective Order, the police must contact a judicial officer who must find the following:  "(a) That reasonable grounds have been asserted to believe that an immediate and present danger of domestic violence exists, that a child is in immediate and present danger of abuse or abduction, or that an elder or dependent adult is in immediate and present danger of abuse as defined in Section 15610.07 of the Welfare and Institutions Code, and (b) That an emergency protective order is necesssary to prevent the occurrence or recurrence of domestic violence, child abuse, child abduction, or abuse of an elder or dependent adult."  Family Code section 6251. 

If you know a friend who would benefit from this information, pass it on. 

Take care.

Pam