Anyone in a current or former dating relationship in California can seek a domestic violence restraining order (DVRO) against his/her spouse, co-habitant, or intimate partner. This restraining order is filed in family court and the person asking for the restraining order, the petitioner, must allege sufficient facts that show that he/she was “abused” as defined in the California Family Code.
Basically, to get a DVRO someone must show that they were subjected to a harmful or offensive touching (or threat thereof); they were subjected to repeated or severe verbal abuse; they were harassed or stalked; or subjected to substantial property destruction. The standard of proof in this family/civil matter is substantially lower than what is required in a criminal court. The petitioner must only show by “a preponderance of the evidence” that they were subjected to domestic violence as defined under the family code. DVROs can protect both men and women who have been subjected to domestic violence by their intimate partners.
Additionally, obtaining a restraining order where the couple have a child in common will create a “rebuttable presumption” that the abusive intimate partner should not get legal custody which can have a major effect on a divorce case as it relates to child custody and child support. Finally, a finding of domestic violence can be a factor to reduce or even eliminate spousal support.
If you are defending against a DVRO, as the respondent, you face potentially serious and life altering consequences. First, if a permanent restraining order is granted against you, you may have difficulty keeping or obtaining a job, may not be able to obtain certain professional licenses, and maybe at risk of arrest if the petitioner alleges that you came within a forbidden distance from him/her. You may also risk facing severely reduced time with your child as a result of a DVRO.
Whether you are seeking to obtain a DVRO or defending against one, you must hire an attorney with extensive trial skills. After a DVRO is alleged in court, a DVRO trial is set. That trial is in front of a family court judge who has immense power in deciding your fate whether you are the petitioner or the respondent. Unfortunately, many family law attorneys are simply not competent trial attorneys.
The reasons for this are somewhat complex but suffice to say that family law attorneys rarely go to trial as most divorce matters – including all issues related to custody, property division, visitation, spousal support – are resolved without any contested trial. Often in family law cases settlement without trial is optimal in that it saves parties money and expenses and avoids unnecessary conflict. However, this is certainly not the case in the realm of DVRO trials. These must be fought vigorously and in a competent way. Many family law attorneys have never done even a single jury trial, some have never done even a judge trial, and lack even a basic knowledge of the California Evidence Code which is what DVRO trials are governed by.
I have handled over 30 jury trials, civil trials, dozens of felony preliminary hearings, and over 15 DVRO trials. I am a skilled trial attorney and often can overpower less experienced family law practitioners at trial. The stakes are often even higher in a DVRO trial than a criminal trial, so someone involved in a DVRO trial should hire the best trial attorney he or she can.
If you are involved in a DVRO either as petitioner or respondent and you want to achieve victory, call Vijay Law for a consultation @ (408) 313-5607.
