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Domestic Violence and California Law - Restraining Orders
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For the Person to be Protected:
When you are the victim of domestic violence or abuse in the home in the state of California, you can get a restraining order that will force the abuser out of the house and keep that person at least 100 yards from you, your job, your car, or your residence.

To get restraining orders, by California state law you must prove the abuse occurred by a preponderance of evidence. This means it is more likely than not that the abuse occurred. The abuse must be relatively recent (within the last 90 days).

According to California law, domestic violence restraining orders can be effective for up to three years. If the restrained person violates the order, you may call the local police and have the person arrested and jailed.

For the Person Accused of Abuse or Violence:
If you are accused of domestic violence or abuse in California, you should be aware that many civil rights may be taken away from you. Also, you will be put at a disadvantage in any child custody dispute under California state law if you are under a California restraining order.

The Burden is on You!
While the burden is on the accuser to prove you committed the violent act or abuse, in practice, the California courts will almost always shift the burden to the accused party to prove they did not commit the act. Proving that something did not happen is usually impossible, without an independent witness or videotape.

You should always seek to oppose or modify any California restraining orders so that your civil rights are not taken from you. You may have your lawyer negotiate mutual restraining orders so you are not disadvantaged in a custody dispute and can avoid harassment in person or on the phone.

What If The Other Party Is Lying?
A party can lie, and many do, even under oath. Such lies amount to "perjury", a crime. Will they be punished? Rarely. Do we use their lies against them? Frequently.

How Long Will It Take?
In urgent situations, police can issue a emergency protective order for a few days. Temporary California restraining orders can be obtained in two or three days and last about twenty days until a court hearing is held. Permanent California restraining orders last up to three years.

Why hire a lawyer?
With a knowledgeable and experienced California family lawyer at your side in court, you can get the result you deserve. If you were abused, you should get the protection of a California restraining order. If you are accused of abuse, you should have the best counsel and advocate on your side to get the result you deserve and need.

Contact us for help with California domestic violence restraining orders:

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