How will a restraining order affect your life?
In the wake of domestic violence allegations, the accuser may file a domestic violence restraining order against you. The courts grant domestic violence orders to protect one person against abuse or threats from another person. According to California law, a domestic violence restraining order has to be between people who have a close relationship.
You and the accuser may be married, separated, dating, exes, parents together, living as more than roommates or family members.
What does a restraining order restrict?
The restraining order dictates where you can go and what you can do. If you live with the accuser, you may have to move out of your home. Depending on whether the restraining order addresses your children, it can impact how often you see them. With the order in place, you cannot buy a gun. If you already have a firearm, you have to turn it in, store it or sell it. Any violation of the order can result in jail time.
What can you still do with a restraining order in place?
What you can do depends on the language in the restraining order. For instance, if you have children, you may still follow child custody and visitation orders. The judge may order you to complete a 52-week batterer intervention program in some cases.
You have a right to answer the restraining order to explain your side of the story. The judge decides whether to continue or cancel the restraining order at court. Before trial, the order is temporary, but if the judge extends it, it becomes permanent. The judge can also adjust the order and additions to the order.
If up against a permanent order, it can last up to five years.