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Domestic Abuse and Restraining Orders

by Law Offices of David M. Lederman
Feb 28, 2024

This presentation by the California Lawyers Association discusses what types of acts are considered domestic abuse in California and can serve as a basis for obtaining restraining orders.

The video also discusses:

• Emergency Protective Orders, Temporary Restraining Orders and Domestic Violence Restraining Orders;

• How to get help in preparing forms necessary to obtain a restraining order;

• The different types of orders available in a Domestic Violence Restraining Order request;

• The hearing and the applicant’s right to bring a support person;

• The consequences of a domestic violence restraining order when custody is an issue;

• How to extend a restraining order.

Full Video Transcript Below

– My name is David Lederman. I’m a Certified Family Law Specialist.
– And I’m Michele Brown, I’m a Certified Family Law Specialist, and we’re from the California Lawyers Association and we’re here to give you some information on what to do if you’re a victim of domestic violence. David, what is domestic violence?

David – Domestic violence is a term under the statute. What we’re really talking about is domestic abuse. Domestic abuse includes threats of physical injury, assault, stalking, threats of physical harm, emotional or psychological abuse, including harassment and disturbing the peace.
Michele – Harassment and disturbing the peace, wow. What exactly does that mean?
David – Well, harassment and disturbing the peace can be such things as repeated, unwarranted text messages, emails, voicemails, or calls from the other party. Even such things as the other party saying, “I love you, I want you back.” If it’s unwarranted and it’s unwanted and you’ve asked that person to stop, it’s domestic abuse. If they show up uninvited at your place of employment, your kids’ school, you’ve asked them to stop, that’s uninvited. If they post harassing or inappropriate messages about you on social media, that’s harassment and disturbing the peace.
If they impersonate you on an email, on Facebook, or any other means, that’s domestic abuse. If they block your movement, if they take your keys or your cell phone when you’re trying to call the police, that’s domestic abuse.
Michele – David, what is emotional or psychological abuse?

David – What we’re talking about under the concept of domestic violence is power and control dynamics. When one person’s trying to manipulate and control you by harassment, that is domestic abuse, and it’s not okay. And remember, abuse can be spoken, written, or conduct.
Michele – David, what kind of a relationship is there between persons in order to get a domestic violence restraining order against someone?
David – In order to get a domestic violence restraining order under the Domestic Violence Protection Act, the people that are seeking relief must be either spouses, parents of a child, related by blood, marriage or adoption. If it’s not one of these specified relationships, the relief is not available under the Domestic Violence Protection Act. They must seek a civil harassment restraining order. What do you do if you’re a victim, Michele?
Michele – Well, the first thing you do if you’re a victim is call the police. 9-1-1 is your best friend. And then when the police come out, they assess the situation and they can get what’s called an emergency protective order. An emergency protective order is where the police officer is able to call the judicial officer who is on call 24 hours a day, and is able to issue an emergency protective order protecting you, your children, or any members of your family for up to seven calendar days or five business days, whichever is sooner.
And the police also will usually remove the alleged perpetrator from the home so that you’re free from harm. Now David, I’ve got my EPO, what do I do next?
David – The EPO is an emergent protection. It’s to give you time to go to court and ask for a more longer-term relief. And that gives you the opportunity to go to court and ask for what’s called a temporary restraining order, commonly referred to just as a TRO.
Michele – How do you apply for a TRO?
David – Well, the first thing that you can do is you go to either your local court, your family justice center, your family law facilitator, or one of your domestic violence restraining order clinics,
and they can help you complete all of the paperwork that you need to get a domestic violence temporary restraining order.
There is something that’s called a DV-100 form, and with the assistance of one of these people, you complete the DV-100 form and you submit it to the court.
Michele – What type of things may I request for in my domestic violence temporary restraining order, David?