In California, obtaining a domestic violence restraining order (DVRO), especially a permanent one, may sometimes require compelling evidence of domestic violence or the threat of it. Such evidence may include documentation like threatening messages, corroborative witness statements, and so on. If you can provide such evidence when requesting a restraining order, you should, but you also shouldn’t feel like it is absolutely necessary. If you think you need a restraining order in place to stay safe, please make arrangements to get one as soon as possible, even if you aren’t sure you have much evidence to use.*
(*Always prioritize your safety. If you are at an immediate risk of physical domestic violence, call 911. Also, be aware that your record of calls and visited websites may be viewable by anyone who has access to the computer, smartphone, or device you are currently using to read this information.)
Evidence for an Emergency Restraining Order
An emergency restraining order can be issued swiftly without any requirement for evidence. You can request this order directly from the court or even through a law enforcement officer. The purpose of an emergency restraining order is to protect against immediate threats or perceived threats, so the question of concrete evidence will not be brought up, at least not at this step.
Evidence for a Temporary Restraining Order
When seeking a temporary restraining order, the evidential burden required is relatively low compared to other legal proceedings, as these orders are intended to only provide short-term protection. The court generally expects a demonstration or logical implication of a credible threat or past incidents of abuse rather than a full presentation of convincing evidence. In other words, you must show enough to justify the need for a restraining order that lasts at least a few weeks while the court arranges a hearing. This process allows you to quickly obtain protection while also allowing time to gather more substantial evidence for longer-term solutions.
Evidence that could be helpful when requesting a temporary restraining order includes:
- Text messages and emails: Communications that contain threats or abusive language can help demonstrate a pattern of harassment or intent to harm.
- Witness statements: Testimonies from other people who have witnessed incidents of abuse or threats can corroborate your claims and provide additional credibility.
- Photographs of injuries or property damage: Visual evidence of physical harm or damage to property can serve as tangible proof of past incidents or ongoing threats.
- Police reports: Official records of previous incidents involving law enforcement can substantiate claims of abuse or threats, showcasing a documented history of concern.
- Medical records: Documentation of injuries sustained from alleged incidents can provide further validation of claims, illustrating the severity and impact of the abuse.
Evidence for a Permanent Restraining Order
Securing a permanent restraining order will require an official courtroom hearing, during which the court may request to see convincing evidence before approving and issuing the order. Although the process is not criminal, it demands a level of seriousness similar to criminal proceedings, with a need for substantial proof and an attorney’s guidance. The types of evidence that may have supported a temporary restraining order—such as text messages, witness statements, and police reports (all mentioned above)—can be just as useful when trying to get a permanent order put in place. However, the expectation is for these pieces of evidence to convincingly establish a credible threat or document past incidents of abuse, moving beyond merely implicating or suggesting the occurrence of such acts.
Hire a Lawyer for Restraining Order Questions & Concerns
Hiring a lawyer right away can help you seek a restraining order due to the benefit of the attorney’s experience and legal insight. An attorney can gather evidence to present at your hearing, too, so you can focus on taking care of yourself and your family during this difficult time.
At Gill Law Group, PC in Orange County, we are proud to offer trustworthy legal guidance and support for anyone who wants to get a restraining order. We understand the gravity of the situation, so we always do what we can to keep legal procedures moving without unnecessary delays. Call (949) 681-9952 at any hour if you want help from our domestic violence restraining order attorneys.