Has your spouse or significant other abused you and or your minor children? If so, then you may seek protection by filing for a domestic violence restraining order in court against the abuser. If you are seeking protection from abuse perpetrated by your spouse or partner towards you and or your children, you may apply for a Domestic Violence Restraining Order. This can be filed on an emergency basis (Ex Parte) if you need immediate protection. This is usually filed using form DV-100, DV-101, DV-109, DV-110, CLETS-001, along with an extensive declaration and supporting evidence. The court will make a decision whether to grant you an emergency restraining order protection. Whether or not the court grants the emergency restraining order protection, the court will set a trial for your DVRO. The papers will have to be personally served on the alleged perpetrator of domestic violence at least 5 court days or more prior to the trial. The respondent will then have an opportunity to file a response, declaration, and evidence in opposition to your allegation. At the DVRO trial, both parties will have the opportunity to testify, present witnesses, and introduce evidence.
Under California law, "domestic violence" is defined broadly to include a pattern of abusive behavior used by one intimate partner against another to gain or maintain power and control. It's not limited to physical violence and encompasses a wide range of abusive behaviors. Here are the main types of abuse recognized under California's domestic violence statutes:
Physical Abuse
This is the most visible form of abuse and involves intentional physical harm or injury. This includes Hitting, slapping, punching, kicking, biting, shoving, or choking, Pushing, grabbing, or restraining, using weapons or objects to inflict harm, depriving someone of necessary medical care, Physical intimidation or threats of physical harm
Emotional or Psychological Abuse
This type of abuse aims to control and manipulate someone's emotions and sense of self-worth. It can be just as damaging as physical abuse and includes:
- Verbal abuse: Insults, name-calling, yelling, criticizing, and belittling
- Intimidation: Threats of harm, destroying property, stalking, and displaying weapons
- Isolation: Controlling who someone sees, where they go, and what they do
- Humiliation: Publicly embarrassing someone, making them feel ashamed or worthless
- Mind games and manipulation: Gaslighting, twisting reality, and making someone doubt their own perceptions
Sexual Abuse
This involves any unwanted sexual contact or activity without consent. It includes rape and sexual assault, sexual harassment, pressuring someone into unwanted sexual acts, withholding sex as a form of control, sexual exploitation or degradation
Financial Abuse
This type of abuse involves controlling someone's finances and limiting their access to resources. It includes controlling all the finances and not allowing someone access to money, preventing someone from getting or keeping a job, exploiting someone's financial resources , forcing someone to sign financial documents against their will, running up debt in someone else's name
Stalking
This involves a pattern of unwanted attention, harassment, or contact that causes fear or emotional distress. It includes following or spying on someone, repeatedly contacting someone against their wishes, sending unwanted gifts or messages, monitoring someone's online activity such as Instagram or Facebook, threatening someone or their loved ones.
Domestic violence is usually a pattern of multiple abusive behaviors used to exert power and control. A single incident can be serious, but it's important to recognize the overall pattern. Many forms of abuse involve coercive control, which is a pattern of acts designed to take away someone's liberty and independence. This can include isolating someone, regulating their daily behavior, and monitoring their activities. All forms of domestic violence can have severe emotional, psychological, and physical consequences for victims.
In addition to a restraining order, you may also ask for child custody, visitation, child support, spousal support, and attorney’s fee order within the domestic violence restraining order application.
The evidentiary burden of proof in court is a preponderance of the evidence. It means that it is more likely than not that a fact is true.
Please note that this article is not legal advice and is not intended as legal advice. The article is intended to provide only general, non-specific legal information. This article is not intended to cover all the issues related to the topic discussed. The specific facts that apply to your matter may make the outcome different than would be anticipated by you. This article does create any attorney client relationship between you and the Law Offices of Kenneth U. Reyes, APC. This article is not a solicitation.
Attorney Kenneth Ursua Reyes is a Board-Certified Family Law Specialist. He was President of the Philippine American Bar Association. He is a member of both the Family law section and Immigration law section of the Los Angeles County Bar Association. He is a graduate of Southwestern University Law School in Los Angeles and California State University, San Bernardino School of Business Administration. He has extensive CPA experience prior to law practice. LAW OFFICES OF KENNETH U. REYES, APC is located at 3699 Wilshire Blvd., Suite 700, Los Angeles, CA, 90010. Tel. (213) 388-1611 or e-mail kenneth@kenreyeslaw.com or visit our website at Kenreyeslaw.com