| > | | | | a basic understanding of what constitutes domestic |
| Given that restraining orders typically impose significant | | | | violence is essential. In some instances, the matter |
| limitations on a party’s liberty, and can affect a | | | | does not qualify as a domestic violence case, because |
| party’s ability to find or maintain employment, | | | | the parties do not have the right type of relationship. |
| these matters are being taken more seriously by the | | | | Instead, the case may be filed as a Civil |
| courts in recent years. Understanding the processes of | | | | Harassment matter, which involves its own unique |
| requesting family court restraining orders in California is | | | | process and standard of proof. |
| becoming more relevant all the time. The first step to | | | | The hearing for a permanent restraining order is |
| understanding the process of obtaining a family law | | | | essentially a mini trial. At the hearing, all of the rules of |
| domestic violence restraining order is to understand | | | | evidence apply, and both parties have the right to a |
| that this process is quite different from the process | | | | meaningful opportunity to present evidence and cross |
| involved when protective orders are automatically put | | | | examine witnesses. Preparing for a family court |
| into place by the courts in criminal matters. In criminal | | | | restraining order hearing should include, composing |
| matters, the police and the court are empowered to | | | | direct and cross examination questions, and when |
| issue automatic temporary restraining orders. | | | | possible, gathering of physical and demonstrative |
| Evidentiary hearings are not conducted before these | | | | evidence. In this high tech age that we live in, e-mail |
| restraining orders are put into place. Consequently, in | | | | messages, voice messages, and surveillance video are |
| criminal courts the protected party does not need to | | | | frequently introduced into evidence to prove or |
| be a part of the process. | | | | disprove a case. Police reports are also allowed into |
| In many instances, victims of domestic violence need | | | | evidence as an exception to the hearsay rule. Thus, |
| to obtain a restraining order in family court, for | | | | litigants should attempt to obtain police reports, |
| example, where the criminal court restraining order is | | | | whenever possible, as they can be very persuasive to |
| not adequate to deal with issues such as child support, | | | | the judge. People within the legal profession recognize |
| spousal support, or custody and visitation. In other | | | | the serious consequences involved with the issuance |
| instances, a victim of domestic violence may need the | | | | of permanent restraining orders. Given that restraining |
| protection of the family court where criminal charges | | | | orders typically impose significant limitations on a |
| were not filed or have been dismissed. | | | | party’s liberty, and can affect a party’s |
| Unlike criminal matters, the protected party seeking a | | | | ability to find or maintain employment, these matters |
| family law restraining order has to file his or her own | | | | are being taken more seriously by the courts in recent |
| papers, attend at least two hearings, and be able to | | | | years. Courts have become more skeptical of the |
| conduct an evidentiary hearing. In addition, the Petitioner | | | | requests that are made for restraining orders and hold |
| in a family court restraining order matter is responsible | | | | the moving party to his or her burden. Indeed, the days |
| for ensuring that the Respondent has been served | | | | of family courts rubber stamping restraining |
| prior to the hearing. | | | | orders appear to be coming to an end. Consequently, it |
| At the hearing, Petitioners seeking a family law | | | | is incumbent upon any person who is faced with |
| restraining order must be able to present a case, and | | | | having to be a part of this process to do his or her |
| convince the judge by a preponderance of the | | | | homework before entering the courtroom. |
| evidence that domestic violence was committed. Thus, | | | | |