Domestic Violence and Restraining Orders FAQs

What is domestic violence?
Domestic violence is a pattern of behavior of one or both people involved in an intimate relationship that is used to establish or continue power or control over the other person. It can involve actual physical and emotional abuse, or merely the threat of abuse to maintain a position of supremacy over someone else.  It can also involve harassment and stalking,

What are the requirements to be considered domestic violence?
An incident must meet several criteria to be considered domestic violence. The main requirement is that there is a relationship between the people involved. This can be spousal, or domestic partner, or between child and parent, or even between people that are dating or have a child together.

Is domestic violence a felony?
In California, domestic violence can be considered a felony or a misdemeanor. The prosecutor in the case determines if the actions taken and their results constitute how a person should be charged.

Can you drop domestic violence charges?
Only the district attorney or the prosecuting city attorney can drop domestic violence charges in California. Once a person has been criminally charged with domestic violence in California, the courts will pursue an investigation regardless of the wishes of the alleged victim. This is because the victim could be intimidated by their attacker into dropping the charges or changing their statement, so the courts want to be sure that the situation is properly addressed to protect the safety of everyone involved.

Can a domestic violence abuser get custody of a child?
It is possible that a domestic violence abuser could get custody of a child in California, but it depends on the unique variables of a situation. A judge will determine if a person with a history of domestic violence in California can get custody of a child based on several criteria, including, but not limited to:

• Whether or not custody would be in the best interest of the child or children
• Successful completion of a batterer's treatment program
• Any further acts of domestic violence could preclude the judge from awarding custody
• Successful completion of a drug or alcohol treatment program if one was court-ordered
• Successful completion of a parenting class if one was court-ordered
• Probation status of the parent in question, and if the conditions of that parole or probation have been met
• If the abuser has a protective order against them, and if the abuser has met and followed the directions of that order

After considering these and other factors, a judge will render their decision about the custody available to a domestic violence abuser in California.

How can a restraining order in California be lifted?
Only a judge can lift a restraining order before the specified time period has elapsed. In order to do so you must petition the court in a hearing that determines you are not being forced to lift the order and that your desire for termination of the order is grounded in real world expectations.

How do I get a restraining order if there isn't a criminal case?
The best way to get a restraining order in California is to contact a knowledgeable and experienced restraining order attorney. The process can be long and arduous, can involve a mountain of paperwork, and requires you to appear in court in front of a judge. When you hire a lawyer to guide you through this process, it can help reduce the stress you are enduring in an already tense situation.

You can obtain a domestic violence restraining order in family court regardless of whether a criminal action is being pursued against the alleged perpetrator of domestic violence.

What is a restraining order?
A restraining order is a court order that aims to protect a person by preventing another person from contacting them, coming within a certain distance of their home, work, car, school, daycare, and other places. It is available to people that have been abused by someone they have had a close relationship with, such as a spouse, domestic partner, or are related to, such as a parent, child, or in-law.

Understanding a restraining order can be a complicated process, so if you have questions about how to get one, how one will affect your life, and what one can do to protect you and the ones you love, contact a San Diego domestic violence restraining order attorney right away.