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DOMESTIC VIOLENCE RESTRAINING ORDERS
A domestic violence restraining order is a court order issued to prevent acts of violence and abuse by one person against another. A domestic violence restraining order may affect your employment, your ability to stay in your home with your family, and may affect your child custody and visitation rights in a dissolution of marriage action.
Temporary restraining orders can be issued by the court on an emergency basis, with the court setting a hearing to issue a “permanent” order. In most cases, this “permanent” order remains in effect for 3 years; however, the court can make an order for a shorter period of time, or for as long as 5 years.
Domestic violence is an issue treated very seriously by the courts, often with a severe outcome. Abusive acts against a spouse or child not only affect the family law case, but also have criminal consequences as well.
Domestic violence cases are filed either under Penal Code section 243(e), battery on a spouse, cohabitant or girlfriend/boyfriend, or Penal Code section 273.5, corporal injury on a spouse, cohabitant or girlfriend/boyfriend. Penal Code section 243(e) is a misdemeanor, whereas Penal Code section 273.5 can be filed as either a misdemeanor or a felony. A misdemeanor case carries a maximum sentence of one year in county jail. A felony case carries a possibility of 2, 3 or 4 years in state prison.
There are many factors that go into handling domestic violence cases. The attorneys at Dunn & Sanderson are experienced and knowledgeable in the areas of both family law and criminal law. Call for a free consultation to discuss you case.
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