Domestic Violence victims have two types of actions that can protect them. One is criminal in nature. A domestic violence victim may obtain an Emergency Protective Order (EPO) and if criminal charges are brought, a criminal protective order can be issued. One act of violence can have both criminal and civil implications. In a civil domestic violence action, restraining orders are issued by the family court on an Ex-Parte basis with four (4) hour notice. The family court can enjoin a party from attacking, molesting, striking, stalking, threatening, the other party as further described in California Family Code Section 6320.
Upon review of the Request for Order the court can either grant the request and issue a Temporary Restraining order or deny the request and set the matter for a hearing within twenty one (21) days. If a request is denied the court shall include the reasons for denying the request. At the hearing the court can issue a permanent restraining order if the court finds by a preponderance of the evidence that respondent perpetrated domestic violence upon the petitioner.
If the Petitioner prevails and the Petitioner can not afford to pay attorney fees and costs associate with the domestic violence action, the Petitioner may seek attorney fees from respondent pursuant to California Family Code Section 6344.
Yanez & Associates offers a full range of Domestic Violence services. We offer a free 60 minute consultation call today to schedule your free consultation with our skilled family law attorneys 714-971-8000