When you have been injured through an act of domestic violence, you might instinctively want to get a restraining order against the person who hurt you as soon as possible. But is what happened to you something that qualifies as domestic violence, according to the Judicial Branch of California?
According to the official Judicial Branch of California website, domestic violence:
- Can involve physical harm
- Can involve emotional abuse
- Can involve only threats
- Can happen anywhere, including in online spaces
- Can include intentional neglect
- Can include preventing the victim from doing something
The same website states that domestic violence can be committed by someone who is your:
- Partner or spouse
- Former partner or spouse
- Housemate or roommate
- Parent
- Grandparent
- Sibling
- Child
- In-law
In other words, if someone intentionally harms you physically or emotionally, and that person has had a personal, familial, or intimate relationship with you, the act will most likely be considered domestic violence, which would justify a restraining order.
When to Consider Filing for a Restraining Order
Do you need a restraining order but don’t know if you have the legal grounds to file for one? Don’t assume you can’t get a restraining order just because you’re not sure the act that hurt you is legally considered domestic violence, though. You should always reach out to the authorities or a domestic violence attorney if you think you might need a restraining order. There is no court fee when filing for a domestic violence restraining order, and you can file without a lawyer present. However, it is recommended that you talk to a lawyer to better understand the process and what a restraining order can accomplish.
If you are in immediate danger, call 911 or seek safety and then call 911. Please remember that websites you visit and phone numbers you call may be seen by an abuser later if you use a shared device.
What If a Restraining Order is Filed Against You?
Sometimes, the court files or approves restraining orders even though the order might not be justified once the full truth of the situation is brought to light. The court must make an important decision when someone wants a restraining order, and it is often in the interest of public safety to permit a temporary restraining order until additional hearings can be arranged. If you are targeted by a restraining order that you don’t think is justified, you should get the help of a restraining order attorney right away, who can help you prepare for future hearings and present a clear argument as to why a permanent restraining order would be unjust.
At Gill Law Group, PC, we help Orange County locals on both sides of restraining order cases. We offer confidential and complimentary consultations that let you understand your options and prioritize your safety if you are thinking of filing for a restraining order. You can also talk to us if you were served with forms DV-110 and DV-109, which describe a restraining order filed against you, so you can know what to do next in your defense.
Call (949) 681-9952 now. Remember: Please make sure you are in a space where an abuser cannot overhear you if you have been hurt by domestic violence, and clear your phone’s histories when we are done talking if you are using a shared device.