A person in California may decide to file a restraining against someone who has been violent towards them or threatened to be violent towards them. Even if the person who is being restrained did not threaten the victim’s children, a restraining order will protect the victim and any minor children that they live with. The restraining order will also protect other relatives who live in the victim’s home.
Once a restraining order is granted, the restrained person will be legally barred from going near the protected person or contacting that individual. The protected person’s home, school and workplace will all be off-limits for the restrained person while the restraining order is in effect. If the restrained person lives with the protected person, a restraining order may force the restrained person to move out of the home.
Depending on the unique circumstances involved in a case, a restraining order can require the restrained person to do a number of different things. For example, the restrained person may be required to release certain property to the protected person, transfer rights to a phone number to the protected person and refrain from making large purchases with marital assets. The restrained person may also be ordered to turn over firearms and complete a yearlong domestic violence intervention program.
A family law attorney may be able to help a domestic violence victim to petition the court for a restraining order. A restraining order is not a divorce, but an attorney may also help a person file separate divorce paperwork at the same time that they file for a restraining order. If there are children involved in the case, an attorney may help the domestic violence victim petition the court for full child custody.