Restraining Orders (Domestic Violence)
The Domestic Violence Protection Act (DVPA) is a law designed to prevent domestic violence acts from reoccurring. The DVPA spells out the logistics of court ordered separations.
A protected person, as defined by the DVPA (Section 6211), can be a spouse, cohabitant, co-parent, child, a blood relative, or even someone that you’ve recently dated.
In order to okay a domestic violence restraining order against you, the court will ask for proof of past or current abuse. The definition of &abuse& according to the DVPA is relatively broad. If you sexually assaulted the victim, recklessly caused (or even attempted to cause) injury, or participated in a behavior that could have led to injury or assault, the court may grant the order.
Different Types of Restrictions
Preventing Child Abduction
If the court determines that you are at risk of abducting a minor child (or children), a Child Abduction Prevention Order may be granted. This order may restrict your travel and even require that you turn in your passport.
Order Preventing "Assault of Conduct" and Destruction of Property
This order prevents you from attacking, threatening, assaulting, phoning, annoying, contacting, or stalking a specified party. The restrictions here are extremely intense. For instance, you may be prohibited from even indirectly contacting the person or even sending that person mail.
Dwelling Exclusion
This restraining order can bar you from your family home/apartment, even if you own the lease or mortgage – or own the property. For instance, say your wife accuses you of sexual assault and child battery. The court may prohibit you from returning to your home or visiting your spouse and children elsewhere (e.g. hotel, in-law’s house, etc).
Firearms Restraining Order
If the court orders a restraining order pursuant to CA FAM Section 6218, you will automatically be banned from possessing and acquiring firearms – or even attempting to receive, possess, or buy firearms – as long as the order remains active.
Effectively Managing a Domestic Violence Defense
Given the emotional nature of the charges against you, many people in your professional and personal orbit may be predisposed to side with your accuser – even if ample evidence exists that should exculpate you. Whether you did or did not actually commit the abuse, battery, or other misbehavior that’s led the other person to seek a restraining order, you are entitled to a vigorous and well thought-out defense. Newport Beach domestic violence defense attorney Maltaise Cini – a former public defender with many years of experienced with extremely complicated and emotionally fraught charges – can provide a timely and free consultation about your domestic Southern California restraining order/domestic violence problem. Connect with Attorney Cini at 949-660-1389, or explore free legal defense resources at www.maltaisecinilaw.com.