A domestic violence restraining order (DVRO) is a civil court order that is signed by a judge and states that the abuser must stop the abuse or face serious legal consequences. It offers civil legal protection from domestic violence to both female and male victims.
Abuse is defined in the California Family Code § 6200. This law is known as the Domestic Violence Prevention Act and it states:
For purposes of this act, “abuse” means any of the following:
(c)To place a person in reasonable apprehension of imminent serious bodily injury to that person or to another.
(d)To engage in any behavior that has been or could be enjoined pursuant to Section 6320.(Engaging in any behavior that has been or could be illegal such as molesting, attacking, striking, stalking, threatening, battering, harassing, destroying personal property, contacting the other by mail, telephone, or otherwise, disturbing the peace of the other party).
To obtain a Domestic Violence Restraining Order you MUST have, or have had, a close personal relationship with the party you are asking to have restrained. Under the law, a relationship is defined as “close” if at least one of the following is true:
· You are married or were formerly married to the other party.
· You have or formerly had an engagement or dating relationship with the other party.
· You and the other party have a child or children together.
· You are related to the other party by blood, marriage or adoption, e.g., (mother, father, in-laws, siblings, adult children).
· You and the other party are living together, or formerly lived together, as members of a “household.”
The act(s) of abuse/violence must be recent, within 30 days.
The restraining order can include the following: restraints on personal conduct by the batterer; orders for the batterer to stay away from the victim’s home/work and/or children’s school; orders for the batterer to be removed from the residence; child custody and visitation and support orders and other miscellaneous orders.
For any domestic violence that has resulted in a personal injury, a Personal Injury Lawyer Philadelphia is advised.
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This article is for educational purposes only. It does not create a client-attorney relationship.