Domestic violence, restraining orders and considering a divorce

In some California marriages, the relationship is fraught with dispute and rampant disagreement. While people will have arguments in any marriage, some go beyond being angry with raised voices and extend to domestic violence. For those who are victimized, others might advise them to simply leave the situation. Unfortunately, it is not that simple. There could be children involved and the abuse could escalate to the point where the victim is fearful that it could lead to serious injuries and even death. A restraining order could be needed to provide a layer of protection as the victim considers options. That includes moving forward with a divorce.

Restraining orders and how they can help

A domestic violence restraining order is to receive legal protection after having been abused by a person with whom the victim has or had a close personal relationship. That could be a spouse, a domestic partner, a former spouse, a separated spouse, a former boyfriend/girlfriend, or a person with whom a child is shared. There can be a personal conduct order, a stay-away order or an order than the perpetrator leaves the residence.

Personal conduct gives the protected person a shield from various forms of abuse with consequences if it is violated. That can include any form of contact, physical attacks, emotional attacks, sexual assault, harassment, threats, destruction of property and disturbing the peace. The stay-away order requires the served person to keep a certain distance from the other. This will include the residence, a place of work, school, a vehicle or anywhere the victim goes. Finally, the residence exclusion – also referred to as move out orders – requires the person under restraint to leave the residence and take only what he or she needs until there is a hearing. Violating it can lead to various legal problems for the restrained person.

A restraining order could be imperative before pursuing a divorce

If a victim seeks a restraining order and uses it as a precursor to a divorce, the order can be beneficial to grant them time and space to determine how to move forward. A relationship in which there was domestic violence with a restraining order can extend to various aspects of a family law proceeding including child custody, visitation (which may need to be supervised), property division and support. For comprehensive help with domestic violence and divorce, consulting with experienced professionals is crucial.