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Domestic Violence and Temporary Restraining Orders

Domestic violence is defined as abuse perpetrated against any of the following persons:

    1. (a) A spouse or former spouse.
    2. (b) A cohabitant or former cohabitant.
    3. (c) A person with whom the respondent is having or has had a dating or engagement relationship.
    4. (d) A person with whom the respondent has had a child, where the presumption applies that the male parent is the father of the child of the female parent under the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12).
    5. (e) A child of a party or a child who is the subject of an action under the Uniform Parentage Act,where the presumption applies that the male parent is the father of the child to be protected.
    6. (f) Any other person related by consanguinity or affinity within the second degree.
      (Family Code, Section 6211)

Abuse is defined as:

  1. (1)  To intentionally or recklessly cause or attempt to cause bodily injury.
  2. (2) Sexual assault.
  3. (3) To place a person in reasonable apprehension of imminent serious bodily injury to that person or to another.
  4. (4) To engage in any behavior that has been or could be enjoined pursuant to Section 6320.

Abuse is not limited to the actual infliction of physical injury or assault.
(Family Code, Section 6203)

If you are a victim of domestic violence the court may issue an ex parte (emergency) order restraining the perpetrator from molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, credibly impersonating, falsely personating as described, harassing, telephoning, including, but not limited to, making annoying telephone, destroying personal property, contacting, either directly or indirectly, by mail or otherwise, coming within a specified distance of, or disturbing the peace of the other party, and, in the discretion of the court, on a showing of good cause, of other named family or household members. (Family Code Section 6320)

In domestic violence cases, the court may also make orders regarding one party moving out, recording unlawful communications, the care of animals, child custody and visitation, child support, spousal support, property control, debt payment, property restraint, rights to mobile devices and wireless phone accounts, insurance, and attorney fees and costs.

At the Law Office of Diane M. Itzenhauser, APC, we provide experienced representation in a broad range of family law matters, including those pertaining to domestic violence. If you need help determining if a restraining order is appropriate and/or preparing the required paperwork, contact our law firm today at 805-544-2323 to discuss your case with an experienced San Luis Obispo family law lawyer.