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Divorce & Family Law: Litigation, Mediation, Collaborative

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Domestic Violence Restraining Orders in Placer County

| Dec 2, 2013 | Firm News |

Unfortunately within Placer county family law cases, one spouse or partner may commit domestic violence against the other spouse/partner.  California law defines domestic violence broadly and it can include harassing, stalking, physical abuse, smashing objects in anger, blocking movements, disturbing the emotional peace and calm of the other party, among other things. Domestic violence can be committed by men as well as women and the Placer County family courts are equipped to help determine if a domestic violence restraining order (DVRO) should be issued against the perpetrating spouse or partner.  (It should be noted that the Placer County family court cannot issue a domestic violence restraining order in cases where a relative, neighbor, or stranger is the perpetrator.  In these cases, a civil harassment restraining order should be sought from the civil court.)

The Placer County Family court can issue a domestic violence restraining order for 3 years, and sometimes longer.  The domestic violence restraining order will include stay-away orders, non-harassment orders, no-contact orders, firearms surrender orders, orders for the perpetrator to attend a batterer’s intervention program, among others.  The Placer County family court will only issue a domestic violence restraining order if the accuser proves the perpetrator committed domestic violence.  This will often require a trial and presentation of evidence of the alleged domestic violence.

If there is potential domestic violence in your case, please give us a call to discuss your rights.  We can meet with you in a confidential and free half hour consultation to discuss your case.