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What should you know about domestic violence restraining orders?

On Behalf of | May 15, 2021 | Violent Crimes |

After a physical altercation or due to alleged abuse, spouses or domestic partners may seek domestic violence restraining orders. Issued to help safeguard people from abuse or threats of harm, such orders may have significant effects.

If you have a domestic violence restraining order against you, you may find it helpful to understand what this court order can and cannot do.

Powers of domestic violence restraining orders

According to the Judicial Council of California, domestic violence restraining orders may provide various protections to alleged domestic abuse victims. Depending on the circumstances, such orders may stipulate restrictions or requirements such as the following:

  • Move out of shared home
  • Keep a specified distance away from homes, places of employment or schools
  • No contact with or maintaining a specified distance from spouse or partner, children or other relatives
  • Not to take on large expenses or to pay certain bills

A restraining order for domestic violence issued against you may also prohibit you from owning a firearm, mandate that you pay child or spousal support, or require you to participate in a batterer intervention program.

Restrictions of domestic violence restraining orders

While domestic violence restraining orders may have several effects, these orders cannot do some things. Although they may require you to remain apart, domestic violence restraining orders cannot dissolve a marriage or domestic partnership. Rather, you must still go through with the formal legal process for divorce or separation. Unless both sides agree to the court entering a parenting judgment, restraining orders also cannot establish paternity.

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