Legal Protection When You Need It Most
Domestic violence was specifically added to the family code via the Domestic Violence Prevention Act (DVPA). The DVPA, (Family Code §§6200 et seq.) defines abuse as intentionally or recklessly causing or attempting to cause bodily injury, sexual assault, or to place a person in reasonable apprehension of imminent serious bodily injury to that person or another.
Domestic violence is a quasi-criminal action, which has many negative results. Once an individual is found to be liable for domestic violence, the domestic violence presumption against that party having custody of a minor child is attached. The presumption is rebuttable, thereby meaning with the right evidence and facts, the presumption can be overcome.
However, as a practical matter it is better to defend against the domestic violence act from the outset, rather than to rebut the presumption at a later hearing. Domestic violence restraining orders are not limited to married persons, but can be obtained by persons who previously had a dating relationship with the restrained person, who are related to the restrained person, are parents of a common child, and persons who lived together.
A domestic violence restraining order grants the protected person protection from the restrained party. This could include protection such as personal conduct orders that limit the restrained party from being allowed to do any of the following: harass, attack, strike, threaten, assault (sexually or otherwise), hit, follow, stalk, molest, etc. Also, the orders could include stay-away orders that limit the restrained person from being within a set number of yards from the protected person, their home, their work, school, and other places listed by the protected person in their restraining order request.
Your greatest chance of success in obtaining permanent restraining orders is to hire experienced and aggressive lawyers to handle your case. Failure to successfully prosecute or defend a DVPO hearing can have severe consequences in your case which could include limited custody and visitation rights, implications for spousal support, and legal presumptions which severely impair and restrict your freedoms.
If you need assistance with a domestic violence restraining orders matter, turn to the knowledgeable team at Vorzimer Masserman - Fertility & Family Law Center. Call our Woodland Hills office at (818) 303-2438 or send us an email to schedule a consultation.