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What happens when a restraining order is granted?

Some divorces and separations in California involve allegations of domestic violence. When one spouse is accusing the other spouse of violence or threats of violence, a court may agree to grant a domestic violence restraining order. A parent may petition the court for a restraining order to protect themselves as well as any minor children that they have.

A restraining order is a court order that bars one person from contacting or going near another person. When a restraining order is issued, the person who is restrained may be ordered to move out of a home that they share with the protected person. The restrained person will be restricted in the places that they can go as they will not be allowed to go near the protected person's home, work or school. If the restrained person sees the protected person in public, they will have to stay a certain distance away from them to comply with the order.

Other activities can also be restricted by a restraining order, including gun ownership, financial activities and child visitation. A restraining order may require an individual to pay certain bills, such as spousal support. A judge may also order a person to complete a domestic violence intervention program.

When a married person has been the victim of domestic violence, they may need to petition the court for a restraining order to prevent further violence. A family law attorney may be able to help a domestic violence victim to petition the court for a temporary restraining order and a permanent protective order if necessary.

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