Domestic violence is a particularly pervasive problem because it can go on regularly within the four walls of the home, which is supposed to be a safe haven from all the dangers of the outside world.

If you are in immediate danger, call “911,” or your local domestic violence shelter.  When the police arrive at your house, ask for an emergency protective order.  An emergency protective order can be issued at any time, is effective immediately, and can last up to a week.  The order generally prohibits the allegedly abusive person from coming in contact with you or (if applicable) your children while it is in effect.

Domestic Violence Restraining Order

If you are not in immediate danger, but have been the victim of domestic violence, you should seek a domestic violence restraining order.  If a person has abused you and you have a close relationship with that person, then you are likely eligible.  A “close relationship” refers to a greater involvement than just roommates, of course.  This remedy is specifically for people who are presently or once were in a romantic relationship.

If you qualify for this order, the judge will make the order by the next business day.  The alleged abuser will not be allowed to go near you, your children, relatives, or anyone else who lives with you.  Also, the alleged abuser may not be allowed to have a gun, he or she may be forced to move out of your house, be forced to pay child support, or even be forced to stay away from your pets.  This order lasts until your next court date, at which time the judge will decide to continue or cancel the order.  The order can be continued for as long as five years, though if a child is involved, it may last until the child turns 18, even if that will take more than five years.

If you are granted a domestic violence restraining order, there are several things you should be aware of.  You need copies of the order and must keep one copy with you at all times.  You should also hand out copies to any place the restrained person is not allowed to visit.  This may include your work or your child’s school and day care.  A copy should also be given to the security officers in your apartment and office buildings.  Lastly, you should give a copy to your local police and ask them to enter the order into the CLETS system, which will notify police all over California of the order.

It is important to call the police immediately if the restrained person attempts to break the rules of the order in any way.  You should also write down all the details of what happened and get copies of any subsequent police and medical reports for court. 

California Resources

The National Domestic Violence Hotline can be reached at 1-800-799-7233 and is operational 24 hours a day, 7 days a week, and in more than 100 languages.  It can help you find nearby domestic violence shelters, emergency shelters, legal help, and social service programs.

Click here to find free and low cost legal assistance in your county.