STEP THREE: OBTAINING DOMESTIC VIOLENCE RESTRAINING ORDERS
Purpose: To protect the parties and children in a high-conflict divorce and custody case.

Unfortunately, it is not uncommon for a spouse to become angry and physically or emotionally violent after a divorce, separation, annulment or child custody case has been initiated. This is particularly troublesome if there are minor children involved. In order to protect yourself, it may be vital to obtain a temporary restraining order against your husband.

A judge may grant temporary restraining orders, which typically last no more than 20 days, without the need for a full evidentiary hearing. Because they are granted based on one party’s declaration, however, a hearing will be scheduled so the Judge can admit evidence from both sides and determine whether a longer term restraining order, which can last up to five years, should be issued.

In California, there is a presumption that awarding custody to the perpetrator of domestic violence is detrimental to the best interests of the child. Because of this, restraining orders are sometimes abused in custody cases by a spouse who is trying to prevent the other from obtaining custody of the parties children. It is essential to immediately consult with a competent family attorney if you are experiencing or being accused of domestic violence in your case.

If you missed the first two parts of this series, you can find them here:

STEP ONE: FILING THE PETITION IN CALIFORNIA
Purpose: To get the process started.

STEP TWO: GETTING TEMPORARY ORDERS VIA AN OSC
Purpose: To have a sense of peace and order by having temporary orders in writing pending the Judgment.

Kelly Chang Rickert is a California Certified Family Law Specialist whose family law practice is located in Los Angeles, California. Kelly’s firm Her firm specializes in Divorce and Family Law, and handles all areas of Divorce, Annulment, Spousal Support, Child Support; Modification, Child Custody and Visitation, Prenuptial and Postnuptial Agreements, Adoptions, Property Division; Restraining Orders; and Family Law Mediation. She can be reached at 323/393-5669.

This is not legal advice. You should consult an attorney if you have legal questions that relate to your specific divorce. Technorati Tags: divorce California CA Dissolution Marriage domestic violence DV abuse abusive temporary orders relief order to show cause osc court order motion child custody support visitation divorcing get divorced Kelly Chang Rickert Certified Family Law Specialist Los Angeles women woman law