It is important to understand domestic violence restraining orders and their effect on your divorce proceedings. You need to know what to do if you feel unsafe in your home and what type of evidence you want to have to increase the chances of having a judge grant you a restraining order. Here’s what you will want to consider to obtain a court restraining order.
Add More to Your Domestic Violence Protection
Domestic violence restraining orders are designed to protect the person who needs them. If you are being abused by someone you are married to, in a relationship with, or share a child with, you want to ensure that the other person cannot come near you, your work, your vehicle, and other places. If the other party is stalking or harassing you, you want to make sure they cannot get access to you, and in some cases, these orders include the children, as well.
California is a No-Fault Divorce State
Because California is a no-fault state regarding divorce, you can’t get more in your divorce case due to domestic violence allegations against your spouse. However, if you have a restraining order against them due to this violent activity, your spouse cannot ask the court to require you to pay alimony or other types of spousal support. Unfortunately, that can lead to people making false claims to avoid these payments, which means you need proper evidence to get your domestic protection order.
What Evidence Do You Need to File for a Restraining Order
Having video or audio evidence of your partner physically harming you can be hard. Instead, courts look at witness credibility, including third-party witnesses. Emails, text messages, and other written communication can also be used. The more evidence you have, the quicker you can have a domestic violence protection order granted.
If you are the victim of a domestic violence incident, you want to contact the police first. Create a report with them so you have a paper trail of what has happened in your relationship. Having a police report is not required to get a restraining order, but it’s a meaningful way to show that you fear for your safety.
Work With Trusted Legal Support
By working with an attorney, you can get the documents filed and an answer from the court on the same day. That usually comes in the form of an emergency, or ex parte, hearing, and you can waive notice to the other party. You will be issued a temporary restraining order for 21 days. You will have a hearing within that time frame, and the other party can present their side of the case.
Reach out to us at Mohajer Law Firm today, and let us work with you to get the support and protection you deserve. We make filing for domestic abuse much more convenient. Whether you need a domestic violence restraining order or have questions about the process and the situation you’re currently in, we are here to help.