The Role of Family Court in Permanent Restraining Orders
In cases involving domestic violence, family court serves as a critical safeguard for individuals and families facing immediate safety concerns. Under California law, family court judges are empowered to provide swift and effective protection through a range of legal remedies, including emergency protective orders, temporary restraining orders, and permanent restraining orders. These court orders are designed to shield victims and their minor children from further harm, offering both immediate protection and a pathway to long-term safety.
When someone is seeking protection from domestic abuse, the process typically begins by filing a petition for a domestic violence restraining order in family court. Once the petition is filed, the court may issue an emergency protective order or a temporary restraining order to provide immediate relief. These orders often include no contact provisions, requiring the restrained person to stay away from the victim’s home, workplace, or children’s school, and may also address temporary custody and child support to ensure the well-being of any minor child involved.
A hearing date is then set, giving both parties the opportunity to present evidence and testimony before a judge. During this formal hearing, the judge decides whether to grant a permanent restraining order based on the facts presented, the severity of the abuse, and the ongoing risk to the protected party, which is why many victims benefit from working closely with an experienced domestic violence attorney in Orange County. The court may also appoint an attorney to represent the interests of any minor children, ensuring their voices are heard and their safety is prioritized.
Family court’s primary responsibility is to protect all parties, especially children, from future harm. In making decisions about custody, visitation, and support, the court carefully considers the history of domestic violence, the likelihood of future abuse, and the respondent’s willingness to seek help or comply with court orders, and these same factors are often discussed in depth in California family law insights on custody and support. Temporary custody arrangements may be put in place to protect children while the case is pending, and the court can modify these arrangements as needed to respond to changing circumstances.
Beyond restraining orders, family court can impose additional protective measures, such as prohibiting the respondent from possessing firearms or requiring the surrender of any firearms already owned. These steps are taken to reduce the risk of further violence and to support the safety of everyone involved.
Navigating the family court process can feel overwhelming, especially for those experiencing domestic violence, which is why many people turn to an experienced divorce and family law attorney in Orange County for guidance. Understanding your rights and the steps involved in obtaining a restraining order is essential. With the guidance of an experienced attorney and support from local domestic violence organizations, victims can confidently pursue the protection they need, especially when represented by a firm whose family law team and approach are outlined on their About Us page. Family court, operating under the jurisdiction of the circuit court and in accordance with California law, is committed to providing both immediate and lasting safety for victims of domestic violence, while ensuring that the legal rights of all parties are respected. By taking action through the court system, individuals can begin to rebuild their lives and secure a safer future for themselves and their children.
Truly Permanent Restraining Orders
“A REASONABLE APPREHENSION OF FUTURE ABUSE”
Though you may not know it, Domestic Violence Restraining Orders (“DVRO”) are NOT permanent. They come with an expiration date. If a judge grants your request for a restraining order, the judge can only make that restraining order last for a maximum of five years, and understanding how a permanent domestic violence restraining order in Orange County works is crucial when planning for long-term safety. California Family Code Section 6345(a).However, upon the request of a party, that domestic violence restraining order can be renewed, “either for five years or permanently, without a showing of further abuse since the issuance of the original order.” California Family Code Section 6345(a).
But, this further, or even truly “permanent” DVRO, is not automatically granted. Restraining a person’s liberty and freedom to move about as they wish and where they wish, is not something that the Courts take lightly. Rather, unless the restrained person does not object, the protected person must show a “reasonable apprehension of future abuse”.
In the case of Richie v. Konrad (2004) 115 Cal.App.4th 1275, a woman was granted a restraining order against a man who was her fiancé. The parties moved to separate states after the granting of the restraining order, but before the expiration date, the woman then asked the Court to renew the restraining order permanently. The trial court granted the permanent renewal on the basis that California Family Code Section 6345 only required the protected party to request a renewal. The appellate court reversed and set forth the standard that in granting a renewal for a Domestic Violence Restraining Order, that the protected party must show a “reasonable apprehension of future abuse.” That is, evidence that demonstrates there is sufficient risk of future abuse and that the protected party’s apprehension is genuine and reasonable.
The court set forth a series of factors in determining whether the “Reasonable Apprehension” test is satisfied. First, the Court may look at the existence of the initial Domestic Violence Restraining Order and the facts which led to its granting. This is not conclusive evidence of reasonable apprehension of future abuse but depending on the nature and seriousness of the abuse that led to the issuance of the initial restraining order, just those old facts may be enough to provide the necessary proof to satisfy the Reasonable Apprehension test. Secondly, another factor is whether there have been any significant changes in circumstances surrounding the event justifying the initial protective order since that original order went into effect. For example, have the parties moved away or moved on with their lives so that an opportunity for future abuse has diminished to the degree the court may no longer believe there is a need for the renewal? Or have circumstances remained substantially the same from before the restraining order? Or perhaps circumstances have changed such that the chances of domestic violence have increased? Another consideration, though by themselves may not justify the denial of a renewed Domestic Violence Restraining Order, is the burden faced by the restrained party.
A Domestic Violence Restraining Order carries with it real consequences, such as the social stigma which may affect employment and future relationships.
Also, where there are children involved, the restraining order may have a negative legal effect on child custody. Then there is the prohibition against owning firearms, which may negatively impact the restrained person’s employment, safety or simply their lifestyle. Older individuals going through a divorce may require legal protection for older individuals facing domestic violence to ensure their safety and well-being. However, the more likely that potential physical abuse is, the lesser the weight this factor is given. In a recent case, In re Marriage of Martindale and Ochoa (2018) 30 Cal.App.5th 54, the wife was not granted a renewed permanent Domestic Violence Restraining Order because the Court there found that she had no reasonable apprehension of future abuse. The Court heard testimony of how the husband would leave the area immediately after seeing wife, and otherwise took care to not be in places where wife may be found. In fact, the Court found significant evidence that wife joined a gym while knowing that husband was a member, demonstrating that she did not have an apprehension of future abuse, as well as the fact that when husband went into a bar where wife was present, husband immediately left but wife took the time to insult and defame husband to other bar patrons. In cases involving domestic violence, a child custody lawyer can help protect your child’s best interests, and working with a knowledgeable advocate such as family law attorney Jessica B. Cha can make a significant difference in how your case is presented to the court.
All this is to say that your actions during the time that a Domestic Violence Restraining Order is in effect can have consequences that bear on its potential likelihood of renewal.
