“Domestic violence: Violence committed by one member of household against another member, most commonly a spouse, former spouse, cohabitant or former cohabitant [FC 6211]; Can happen to anyone regardless of race, age, sexual orientation, religion, gender, socioeconomic background [or] education.
There are 3 kinds of protective orders: 1) Emergency protective orders [CRC rule 5.420, FC 6215, 6218]: Restraining order requests made to a judge by law enforcement officers responding to DV call who believe victim is in immediate and present danger; valid for either five business days or seven calendar days [whichever is shorter]; issued to give the victim time to go to court to ask for DV restraining order. 2) DV restraining orders: Court orders that are issued to prevent further violence by ordering that abusers stop abusing and stay away from their victims; may be granted to spouse, former spouse, current/past cohabitant, person dated or engagement relationship or unmarried biological coparent [FC 6211]; may grant to victim exclusive possession of communal residence [FC 6321]; may grant to victim temporary custody or visitation of minor children [FC 6323]; there are no filing fees to make the request; when denied, court must include the reason[s] for the denial on the record; and mutual ROs require detailed on record findings both parties were aggressors. Temporary DVROs: Can be obtained ex parte if need for immediate protection [FC 6320]; can be issued with or without notice [FC 6220]; can be issued solely upon testimony of person requesting [FC 6300]; can order that the restrained person comply with court orders and: move out of & stay away from the family house with very little notice; relinquish any & all firearms and ammunition in his or her possession; stay away from children and/or have little/no visitation with children; stay away from the family pets; stay away from the children’s school; pay child support, spousal support, specified bills, attorney fees and court costs; not do anything that significantly affects the victim’s property; return or release certain property. Permanent DVRO, FC 6345. Emergency orders, CRC 5.151.”
[LW Greenberg, California Family Law]
