Many people underestimate the power that restraining orders can have on family law cases. Even restraining orders that are temporary can impact parental and custody rights. That’s why it’s so important that men have a solid understanding of how the process works in the California judicial system.
What Is a Domestic Violence Restraining Order?
In California, a Domestic Violence Restraining Order is issued under the Domestic Violence Prevention Act which protects individuals from alleged abuse by a spouse, former spouse, co-parent, or close family member. Abuse under this law is not only limited to physical abuse, but emotional abuse as well.
This process usually begins with a temporary restraining order that can be issued quickly based on one of the party’s requests. After this is done, a hearing is scheduled where both sides can present their evidence. If the request is then granted after the hearing, the restraining order can remain in effect for the next five years. It can include things like no-contact provisions, move-out orders, and custody restrictions.
Immediate Effects of a Restraining Order
Even a temporary order can have immediate and significant consequences. A court order could order the person the order was taken out against to move out of the family home and restrict all communication with the other party. In cases involving children, the court can issue temporary custody orders or require supervised visitation.
In addition, California law requires those that have a domestic violence restraining order taken out against them to surrender all firearms that are in their possession. These restrictions take effect quickly, usually before the accused party even gets the chance to explain their side of the case. Because of how fast the process is, it’s so important that responses are given quickly and ample preparation for the hearing is completed.
Impact on Divorce and Support Issues
A restraining order can drastically influence divorce proceedings. In custody matters, California Family Code § 3044 discourages the courts from awarding joint physical/legal custody to a parent that has engaged in domestic violence within the last five years. This can obviously impact both legal and physical custody determinations in court.
Restraining orders can also impact spousal support. Courts can consider findings of domestic violence when determining whether or not spousal support is appropriate and in deciding the amount. While dividing property is typically based on California’s community property laws, the presence of a restraining order can impact negotiations and overall litigation strategy.
What If the Allegations Are False or Exaggerated?
Allegations that are made in support of a restraining order need to be proven at the hearing. Failing to respond properly or missing a court date can have negative results that include long-term orders being issued by default. If allegations are misrepresented or inaccurate, then it’s crucial to present evidence, documentation and witnesses to challenge those claims.
Things like text messages, emails, and third-party witnesses can all play a significant role. Courts are known to heavily focus on credibility and evidence, so taking the situation seriously and preparing the right response can drastically impact the outcome of the case.
Long-Term Consequences Beyond Family Court
The impact of a restraining order can go beyond custody and divorce proceedings. A domestic violence restraining order can appear on background checks which can impact employment opportunities, professional licenses, and general reputation. Firearm restrictions also remain in effect throughout the duration of the order, and violating any aspect of the order can result in facing criminal charges.
Since restraining orders can have these harsh negative impacts, it’s so important to understand all of the broader consequences when trying to defend yourself against allegations or generally responding to allegations.
Seeking Legal Guidance
Handling restraining orders in family court is never easy. That’s why having the right legal representation is so important. Men’s Legal Center in San Diego is here to help. Reach out for your free case review as soon as possible.