Current law provides that you do not have to give notice to the abuser if there is an immediate threat of harm. Thus, if you are in a situation where a person is threatening abuse towards you, we can seek a restraining order from the court and provide documentation as to why notice should be waived, even if you are in the same home.

There are two types of domestic violence restraining orders – a temporary order and a permanent order. A temporary order is what you receive on an emergency basis after you go to court. The court can grant this order to be in effect immediately and then there is a period of 21 days in which the order needs to be reviewed. If it is not reviewed within 21 days, the order can be continued by the court at the request of either party.

A domestic violence restraining order can have a huge impact on a custody case because under Family Code § 3044 it creates a presumption that if someone is found to have committed an act of domestic violence that there is a presumption against them having joint or legal custody of a child or physical custody of a child. Thus, a person who has a restraining order against them is faced with child visitation in many cases with supervision visitation of a child being placed into effect.

If a party has an attorney, it’s often that they do not need to appear in person at court for the initial ex parte or emergency domestic violence restraining order petition This is because the court allows the attorney to submit the paperwork on the client’s behalf and typically there is no hearing on the record. This is true in Los Angeles County courts and based on their local practices; however, judges can always alter those practices and ask for a party to be present. At such times, we can make reasonable accommodations such as continuing the hearing until later in the day, or seeking a telephonic appearance, which are in the ultimate discretion of the judge.

In other counties such as Orange County, the courts may request that the parties be present to have brief questioning. We’ve seen in other counties that they do want the parties to be present, so it’s important to have a competent expert attorney in your local jurisdiction that can assist you in going to court.

If a domestic violence restraining order is granted, you have to go to court within 21 days. 

The orders that you can attain in a domestic violence restraining order are orders to protect you. Although this is not an exhaustive list, these are many orders that people are not aware of:

• An immediate move out from the home
• Immediate control over electronic devices
• Immediate control over your telephone number
• Immediate control over a pet
• Immediate stay away orders
• Immediate custody orders