A protective order or domestic violence restraining order is designed to protect a person who has suffered abuse or threats of abuse from another person. In order to qualify for this legal protection, you must have a certain relationship with the person who has abused or threatened to abuse you. More specifically, you must be married, separated, divorced, dating or formerly dating, living with or formerly lived with, or have a child with the person threatening or abusing you. You also can qualify for relief if you are closely related to the other person; these relatives include your parents, step parents, siblings, step siblings, children, stepchildren, grandparents, grandchildren, as well as all of your in-laws from your current marriage.
If you receive a protective order from the court, it may order the other parent to refrain from doing various things, including contacting you or anyone who lives in your household or owning or possessing a gun or ammunition. A protective order also may require the restrained person to move out of your home, follow child custody and visitation orders, pay child and/or spousal support, and obey orders about the division and use of certain items of property.
If there is already a divorce, legal separation, or paternity case on file with the court system, you do not have to file a separate domestic violence case. Rather, you can file for restraining or protective orders in that case. In emergency situations, you can ask the court to grant you an ex parte protective order or restraining order. An ex parte order is issued on the request of one party without the other party being present. These orders are usually temporary in nature, and will last only until a full court hearing is held. In many cases, if you can provide the court with reasonable proof that the other person has abused you in the past, you can get an ex parte restraining order. Abuse, as defined under California law, is bodily injury or threat of bodily injury, stalking, and sexual assault. There are other actions, as well, that may fall within the definition of abuse.
A knowledgeable California domestic violence attorney can guide you through every step of the legal process and make it easier for you in many ways, no matter what your situation involves. You are likely to have many questions, both now and as time goes on, about issues related to child custody. We are here to give you the answers that you need. At the Law Offices of Vincent W. Davis & Associates, we handle family cases involving all types of issues, from child custody to spousal support, on a daily basis. Contact our office today and see how we can assist you with your Los Angeles child custody case.