Abuse can happen to anyone at any time, but California law offers you protection with a DVRO or a domestic violence restraining order. The courts issue DVROs to protect people against abuse or violence from a family member or significant other residing in the same household. That might include a current or former spouse, boyfriend or girlfriend, or the other parent of a child.  It may also include in-laws, siblings, and stepparents.

DVROs can protect you and your children from many different forms of abuse, including emotional abuse and situations where someone is blocking your access to money or basic needs or preventing you from communicating with others..

A family law attorney can assist you with obtaining a DVRO if you need one. In addition, if you have received papers indicating that someone has taken out a DVRO against you, a family law attorney can help you understand the types of conduct you must avoid to remain in compliance and avoid penalties.

How a DVRO Works

A domestic violence restraining order is designed to protect you against abusive conduct from someone you’ve had an intimate relationship with or close relatives including:

• Siblings
• Parents
• Children
• Grandparents
• In-laws

If a person of these relationships causes or attempts to cause physical injury or sexual assault against you, a DVRO can protect you for further abuse. Also, a DVRO protects you should that person make threats of violence or abuse, or if he or she leads you to believe you’re in immediate danger. It also protects against harassment, stalking, and other ways of disturbing your peace.

The DVRO might be issued with broad terms prohibiting all contact between you and the person who has committed or threatened abuse. Or the order might contain specific prohibitions, such as ordering a spouse to move out of the home or prohibiting a family member from having firearms or ammunition.

Every domestic situation has unique dynamics, so the terms needed to protect vulnerable family members may be slightly different in each case. If you are having difficulty caused by someone who is not a family member or former partner, California courts offer other types of restraining orders that can provide protection

What Constitutes Domestic Violence?

When asked about domestic violence, if a client answers with, “no, he’s never hit me or anything like that,” it’s a red flag for a family law attorney.  Many clients do not realize that abuse and domestic violence takes many forms. For example, if your spouse keeps the finances from you to create a situation of financial dependence, that can be considered a form of domestic violence because it is abuse.

Other examples of behavior that may be considered domestic violence include:

• Accessing your email, computer or cell phone against your will
• Keeping you from seeing friends and family
• Restricting your movements
• Tracking your location without consent
• Punching holes in the wall; throws or breaks things in anger
• Threatening physical or emotional harm if you leave or file for divorce
• Sending harassing/threatening text messages or emails
• Leaving threatening voicemail messages

This is not an all-encompassing list. The courts’ determination of what constitutes domestic violence is ever changing, and often expanding.  Behavior you might not consider domestic violence could very well fall within the courts’ or legislatures’ definition.

What Does a DVRO Do for You?

Depending on the nature of your case, getting a DVRO can either stop someone from acts of abuse, or it can order someone to take certain action. Commonly implemented orders connected with DVROs might:

• Restrain an abuser from making contact with you, your children, and your property either personally or through a third party
• Restrain an abuser from harassing, stalking or otherwise disturbing your peace
• Order an abuser to be removed from a home that you share
• Give you temporary child custody pending formal hearing and permanent custody after the formal hearing
• After a formal hearing, require the abuser to pay child support and/or spousal support
• Prohibit the abuser from possessing a firearm or ammunition
• After a formal hearing, order that the abuser to pay fees related to acts of violence, including medical and attorney fees.

A family law attorney can meet with you to discuss your needs and present your requests to the court so that you can gain a DVRO with the right terms to provide the protection you need for yourself and others in your care.

How to Get a Temporary DVRO

Obtaining a DVRO is a multi-step process. It requires that you complete and file several forms at a California courthouse in the county where you reside. Initially, a family court judicial officer reviews the filing, and makes a decision whether or not to issue a temporary DVRO.

The restraining order forms give you a chance to explain to the court why you are experiencing fear of harm or harassment. You want to be as detailed and specific as you can about instances of abuse, using dates and times if possible. Include photos of injuries, police reports, text messages—anything you can show demonstrating threats to the safety or peace of you and/or your children. An attorney can help you gather and present evidence persuasively to demonstrate your need for a restraining order.

Should the judicial officer decide you are in immediate need of protection, a temporary restraining order can be issued within one or two business days of filing. The temporary orders create conditions that are enforceable until a DVRO hearing takes place at a later date set by the court. Until that time, the abuser must follow the rules set forth by the temporary order.

Serving Notice of a Temporary Restraining Order

You will need to make sure that the restraining order is properly served on the person being restrained. “Serving” is the legal term for delivering legal documents in a way that ensures that they are properly noticed. You cannot serve the order yourself—you must have a server deliver them for you.

A server can be any other person over the age of 18. A marshal or sheriff’s deputy will do it for free, but you must ask them. Some notices can be served by mail but in many cases they must be served in person. Your attorney can help you ensure that papers are served in a way that fulfills legal requirements.

How to Get a Permanent DVRO

Whether or not you get a temporary order, the court will schedule a hearing for a longer lasting DVRO, called a permanent DVRO, which can last up to five years. At the hearing, you and the person you are seeking the order against will have a chance to present evidence to a family court judicial officer. You will want witnesses to the domestic violence or harassment there to testify and to present any documentary evidence, such as photographs, e-mails, text messages and the like. You will have a chance to tell the judicial officer what happened and why you are fearful of continued abuse.

An attorney can help you prepare a statement for the court. You can read off notes, although it is often more effective if you use your notes for reference but speak candidly and directly to the judge. It is natural to feel nervous about the process, but working with an experienced attorney during preparation can help ease your concerns considerably.

During the hearing, the person against whom the order is sought will make their own arguments, so it is a good idea to take down notes about how you might want to respond to those arguments. This is another task your attorney can assist with, and they can present arguments on your behalf.

When Is a DVRO the Route to Pursue?

At Holstrom, Block & Parke, APLC when the safety for our clients and our clients’ children is at issue, we pursue DVROs. We believe safety is absolutely paramount, as is the right to live in peace. A DVRO is a powerful document for keeping you safe. However, it's a piece of paper and it's only as good as you're willing to enforce it.

We tell our clients it is important to have several copies of the restraining order made, file one with local law enforcement, and keep the remainder in a number of places:

• One copy with you at all times
• One copy in your vehicle
• One copy in your home
• One copy on file at a child’s school or care facility

Should the abuser violate the DVRO, contact local law enforcement and your attorney immediately.

How Can a Family Law Attorney Help Get a DVRO?

A dedicated California family law attorney can help you identify persuasive evidence, prepare it for the court, and present it in a way that is consistent with the law. Attorneys know what family law judicial officers look for with respect to making decisions about issuing a DVRO. We know how to cross examine your abuser in a manner that reveals their violation of your right to live in peace. We know how to help.

Call (855) 395-5111 Now for a Free Phone Consultation.

We pledge to serve and protect your interests through fast, effective solutions.

In the state of California, domestic violence isn't merely a private issue but one that has deep implications for divorce and child custody proceedings. Experiencing or witnessing violence within the confines of your home can leave lasting scars, both physically and emotionally.

When it comes to legal matters, these experiences can influence the outcome of your divorce or child custody case. At Holstrom, Block & Parke, APLC, we strive to protect the interests of those subjected to domestic violence, but we also work to secure the rights of those facing unfounded violations of domestic violence. The issues are complex and delicate, so it is important to give all the facts the attention they deserve.

Domestic Violence and Child Custody Determinations

In California, nothing surpasses the importance of a child's safety and mental well-being. When the courts are presented with evidence pointing towards domestic violence, they take this into serious consideration when deliberating on custody or visitation rights.

An individual proven to be abusive might not only lose custody but also be limited to supervised visits only. This measure is designed to ensure the child's physical and psychological safety. Always remember, when it comes to child custody, the child's interests are central.

Financial Ramifications of Domestic Violence in Divorces

While the physical and emotional ramifications of domestic violence are undeniably significant, there's another dimension often overlooked: the financial implications in a divorce setting. A victim of domestic violence may receive a greater amount of alimony or spousal support.

An abusive partner may be legally bound to make restitution payments. Whether you have been subjected to domestic violence or you are being accused of domestic violence, you will benefit most if you seek comprehensive legal advice and representation from an attorney who understands how the details impact your case and how to advocate most effectively based on your specific circumstances.

Protective Measures in California Divorce Proceedings

In California, the safety and well-being of individuals are of paramount concern when domestic violence is alleged. For individuals undergoing the strain of divorce while dealing with the aftermath of domestic violence, the legal system offers protective orders. These orders, tailored to specific needs, can prohibit the abusive partner from initiating contact or can set stringent guidelines for visitation, ensuring the safety of all involved.

At Holstrom, Block & Parke, APLC, we work to ensure that protective orders provide necessary protection without overburdening either party to ensure a safer transition during the divorce process. We assist with obtaining orders and can provide advice on how to comply with terms to avoid a potential violation.

The Importance of Evidence in Domestic Violence Cases

When raising allegations of domestic violence in a divorce or child custody case in California, evidence becomes paramount. Simple allegations may serve to get a temporary protection order, but to impact a case in the long term, it is important to provide evidence such as police reports, medical records detailing injuries, or testimonies from witnesses.

Our team helps gather, preserve, and present evidence to prove or refute allegations of domestic violence. We recognize the gravity of the situation and ensure your voice is not only heard but substantiated with the right documentation.

Emotional Support and Counseling Resources

While legal guidance is indispensable in cases involving domestic violence, emotional healing and support play an equally critical role. It's essential to understand that domestic violence survivors, including children, often benefit from professional counseling to cope with the trauma and transition into healthier living circumstances.

Counseling can aid in understanding feelings, rebuilding self-esteem, and setting the foundation for a brighter, violence-free future. California offers numerous resources and support groups tailored to assist domestic violence survivors. We not only stand by our clients in the courtroom but also ensure they're aware of the holistic support available to them.

Contact Holstrom, Block & Parke, APLC

At Holstrom, Block & Parke, APLC, our focus extends beyond just legal representation. We are here to guide, support, and champion the rights of those impacted by domestic violence. Your well-being, and that of your loved ones, is our utmost priority, and we're committed to helping you embark on a fresh chapter in your life.

Navigating divorce in California, especially in the context of domestic violence, requires dedicated expertise. The Certified Family Law Specialists at Holstrom, Block & Parke, APLC understand the complexities and fight tenaciously to protect the rights of clients in all situations. Call us at 855-426-9111 or connect with us online to schedule a consultation to learn more about how our dedicated team can assist you through this challenging journey.

No one should have to put up with violence or abuse. Domestic violence or abuse can happen to anyone – anywhere.

Domestic violence doesn’t always refer to a woman as the victim. Even though 96 percent of the cases apply to women, the other 4 percent involves women committing domestic abuse against a man.

Statistics from the National Violence Against Women Prevention Research Center state that more than 800,000 men are victims of domestic violence every year – about half the rate of women. This means that there is a male victim of domestic violence every 37.8 seconds.

Even though there are many programs out there to help women, there are few for men to attend. This is strange because men are abused in the same manner as women: emotionally, verbally, financially, and even physically.

Most of the time abuse works its way into the relationship. A first time meeting may show the abuser to be charming, complimentary, and generous. However, over time, he or she may turn threatening, use abusive language, deliberately frighten the abused, and increase his or her aggressive attempts of control.

If abuse or violence is part of your everyday life, you don’t have to put up with it. Talk to a relative, friend, or professional counselor. In an emergency, call the police. In addition, you can call the National Domestic Violence Helpline at 1-800-799-SAFE for help.

If you are a man being abused by a woman, don’t be embarrassed to seek legal help. Don’t wait; if you need someone to help you have a voice, and understand how to obtain a Temporary Protective Order consider the Riverside Family Law attorney from Holstrom, Block & Parke. One of our attorneys can walk you through the process of getting permanent or long-term protection.

Even though the process may be frightening and stressful,

About Dayn Holstrom

Dayn Holstrom is a hard working, compassionate problem solver who welcomes the opportunity to serve you in any way he can. His maximum availability to your questions and concerns begins with your free initial consultation. He is well-seasoned in all matters related to family law and a skilled negotiator and litigator.