Domestic Violence Restraining Order
- What Is The Purpose Of The Domestic Violence Protection Act [“DVPA”]?
Pursuant to Family Code section 6220, the purposes of the DVPA are to prevent the recurrence of acts of violence and sexual abuse and to provide for a separation of the persons involved in the domestic violence for a period sufficient to enable these persons to seek a resolution of the causes of the violence.”
- Who may seek a Restraining Order under the Domestic Violence Protection Act?
Family Code section 6211 provides: “Domestic Violence” is abuse perpetrated against any of the following:
- A spouse or former spouse;
- A cohabitant or former cohabitant as defined in section 6209;
- A person with whom the Respondent is having or has had a dating or engagement relationship;
- A person with whom the Respondent has had a child, where the presumption applies that the male parent is the father of the child of the female parent under the Uniform Parentage Act;
- A child of a party or a child who is the subject of an action under the Uniform Parentage Act, where the presumption applies that the male parent is the father of the child to be protected; or
- Any other person related by consanguinity or affinity within the second degree.
- What Is Abuse?
“Abuse,” according to Family Code section 6203, is defined as:
- Intentionally or recklessly to cause or attempt to cause bodily injury.
- Sexual Assault.
- To place a person in reasonable apprehension of imminent serious bodily injury to that person or to another.
- To engage in any behavior that has been or could be enjoined pursuant to Section 6320.
Family Code Section 6320 provides, in pertinent part, that the Court may issue an…order enjoining a party from molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, harassing, telephoning, including but not limited to making annoying telephone calls as described in section 653m of the Penal Code, destroying personal property, contacting, either directly or indirectly, by mail or otherwise, coming within a specified distance of, or disturbing the peace of the other party…
- What Orders Can Be Obtained?
If the Court finds that the facts warrant the issuance of a restraining order, a party can obtain orders including, without limitation, the following:
- Personal Conduct
- Surrender firearms
- Record communications
- Care of animals
- Child custody and visitation
- Child Support
- Spousal Support
- Property Control
- Property Restraint
- Debt payment
- Lawyer’s fees and costs
- Batterer Intervention
- Restraining Orders Against Peace Officer Have Serious Ramifications
A restraining order against a Peace Officer has serious ramifications due to the fact the terms of a restraining order mandate the surrender of any and all firearms, work related or otherwise. Sometimes the particular law enforcement agency does not allow for or have desk work available for the officer going through restraining order litigation. If desk work is not available, the officer may be put on paid leave and then ultimately non-paid leave if the litigation is prolonged. The officer could then be dismissed from his or her job or put on administrative leave.
If you are a law enforcement officer facing restraining order litigation, contact Newport Family Law & Mediation Group immediately for help defending against the restraining order, preserving your ability to carry a firearm and performing your duties as a peace officer.
Newport Family Law & Mediation Group represents victims of abuse to secure court-ordered protection for the victims and their families, and it also vigorously defends restraining orders sought by individuals seeking only to manipulate the court proceedings or gain an advantage regarding child custody, visitation and support.