With domestic violence being hidden behind closed doors, it has been difficult for victims of domestic violence to find legal help to obtain retraining orders. Usually the domestic violence restraining order is denied due to a lack of evidence. However, once a restraining order has been issued a domestic violence restraining order attorney can file a request to obtain a permanent restraining order. This request must be filed before the original restraining order expires.
G.G. v. G.S., occurred in Los Angeles County. In that case, the parties had two children together. Before the initial restraining order was issued, the father stalked the mother, intimidated her, cornered her in the house, recorded her, and got very angry with her. The trial court issued a domestic violence restraining order (DVRO) for a two-year period. Just before the initial restraining order expired, the victim of domestic violence filed a request for a permanent restraining order through her attorney. She argued that the father had called her in violation of the restraining order about five times, drove by her house and ordered items from her subscription accounts.
The family law judge denied the permanent restraining order based on the fact that it did not believe the mother’s fear was reasonable. The mother appealed and the appellate court remanded the case for further hearing. The appellate court stated that the overall focus of the domestic violence (D.V.) law for the renewal of a restraining order is if the protected person has a reasonable apprehension of future abuse. In order the make this decision, the divorce courts should consider three factors to determine if a restraining order should be issued: (1) the evidence provided for the original restraining order; (2) any significant changes that occurred after the DVRO was issued, and (3) how much the DVRO burdens the restrained party which should be balanced with consideration of the victim’s rights and safety.
If you need a domestic violence restraining order attorney, contact Trevino Law, Inc. We work towards finding our client’s peace in a traumatic situation.
Although the posting of this information can be considered free legal advice for a restraining order (R.O.) in Orange County, it does not address other factors which may play a significant role in a particular dissolution. Circumstances in your divorce may alter the results in your dissolution.
Please note that this legal advice does not establish a family law attorney-client relationship. This is a legal advertisement for Treviño Law, Inc.