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Domestic Violence in Sacramento Family Law Cases

| Oct 18, 2013 | Firm News |

An unfortunate part of some Sacramento Family Law cases is when one former partner physically, sexually, and/or emotionally abuses their former partner.  California law defines domestic violence very broadly in family code §6200 et seq., but it includes striking, blocking movements, harassment, stalking, breaking objects, sexual assault, among several other things.

In Sacramento Family Law cases, the party who believes they have been the victim of domestic violence can file for a Domestic Violence Restraining Order or DVRO.  The DVRO must specifically allege who the abuser is, and the specific acts of abuse committed against the victim.  If the court believes or suspects domestic violence may have occurred, they will grant a temporary emergency stay-away order and set a hearing for a few weeks out.  The hearing will deal with whether a permanent DVRO should be granted, or if the DVRO should be dismissed.  Once the temporary emergency order is served on the alleged abuser, they must obey the order until the court changes the order or dissolves it at a later hearing.

Unfortunately, while DVRO requests are a great method to protect abused former spouses and ex-partners, they are also falsely used by spouses who weren’t abused to gain an advantage in a custody or support case.  A party should not file a DVRO request unless they truly have experienced domestic violence.

If you are involved in a Sacramento County domestic violence case, and you want assistance in opposing or supporting a DVRO request, please give us a call.  We can help you understand the law and lay out a court strategy.  Please give our Sacramento County domestic violence attorneys a call today for your free half hour consultation.