HOW TO GET DOMESTIC VIOLENCE RESTRAINING ORDERS IN CALIF. - VIDEO #66 (2021)

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First video in a seven part series of tutorial videos explaining how to get Domestic Violence Restraining Orders in California under the Domestic Violence Prevention Act. This video describes the 17 different types of orders you can get using the DVPA.

If you have been the victim of domestic violence or abuse, you can file Judicial Council forms with the court and obtain a variety of restraining orders for your protection and for the protection of your children. You can obtain these orders under the Domestic Violence Prevention Act, which I am going to refer to as the DVPA.

California’s Domestic Violence Prevention Act defines “abuse” as any of the following:

1. Intentionally or recklessly causing or attempting to cause bodily injury.
2. Sexual assault.
3. Placing a person in reasonable apprehension of imminent serious bodily injury to that person or another.

Abuse includes behavior where one party does any of the following to another person: molests, attacks, strikes, threatens, batters, harasses, makes annoying telephone calls, destroys personal property, or disturbs the peace of the other party.

If you are going to apply for domestic violence restraining orders under the Domestic Violence Prevention Act, you must have at least one of the following relationships with the person against whom you are seeking the restraining orders:

1. You are married to the person or you are registered domestic partners.
2. You used to be married to the person or you used to be registered domestic partners.
3. You live together.
4. You used to live together.
5. You are related by blood, marriage, or adoption.
6. You are dating or used to date.
7. You are engaged or used to be engaged to be married.
8. You are the parents together of a child or children under 18 years of age.

There are 17 different kinds of orders you can obtain under the DVPA.

A personal conduct order tells the other party not to do any of the following things to you: Harass, attack, strike, threaten, assault (sexually or otherwise), hit, follow, stalk, molest, destroy personal property, disturb the peace, keep under surveillance, impersonate (on the Internet, electronically or otherwise), or block movements. In addition, a “personal conduct order” can tell the other person not to contact you, either directly or indirectly, in any way, including but not limited to, by telephone, mail, email or other electronic means. A “personal conduct order” can also tell the other person not to take any action to get your address.

A “stay-away order” tells the other person to stay a certain number of yards, typically 100 yards, away from you. It can also tell the other person to stay away from your home, workplace, vehicle, school, and other places, including your children’s school. Brief and peaceful contact as required for court-ordered visitation with the children will typically be allowed.

A “move-out” order tells the other person to immediately move out of the residence, which is usually the family home or the apartment where the family has been living, taking only their clothing and personal effects needed until the next court hearing, and to not return.

The court can tell the other person that they are not permitted to own, possess, have, buy or try to buy, receive or try to receive, or in any other way get guns, other firearms, or ammunition.

The court can make child custody and visitation orders, even if the parents were never married and even if there is no divorce action pending.

The court can make a child support order, even if the parents were never married and even if no divorce action is pending.

The court can issue “property control orders” which can give you temporary use, possession, and control over various types of property.

The court can order the other party to make monthly payments on various debts until the final disposition of those debts can be determined by the court.

If you are married to the other party or have a registered domestic partnership, you can ask the court to issue an order that prohibits that person from selling, hiding, destroying, getting rid of, or borrowing against property or possessions, except in the usual course of business or for necessities of life.

If you are married to the other person or have a domestic partnership with them, then you can ask the court to issue a spousal support order at the same time you apply for domestic violence restraining orders.

The court can issue an order that gives you temporary use, possession, and control of mobile devices and wireless phone accounts.

The court can order the other party to pay all or part of any attorney’s fees and costs that you incurred in the domestic violence proceeding.

The court can order the other person to go to a 52-week batterer intervention program and show proof of completion to the court.

Видео HOW TO GET DOMESTIC VIOLENCE RESTRAINING ORDERS IN CALIF. - VIDEO #66 (2021) канала Free Divorce