Domestic violence is a terrible thing. And unfortunately, it happens a lot more than people think. Here in California, a set of laws exist under the Domestic Violence Prevention Act or DVPA. Only certain persons may apply for a restraining order under the DVPA. Those include a spouse or former spouse, and cohabitants or former cohabitants, meaning people who regularly reside in the household. Also covered are persons that are having or had a “dating or engagement relationship.” Casual social relations are not enough. A “dating relationship” contemplated by the DVPA refers to a “serious courtship.” Co-parents, children and relatives within the second degree are also included.
People that do not fall into these categories are not shut out. They must instead pursue a restraining order under the Civil Harassment statutes. There are no filing fees for a DVPA application. And the forms are specially designed for use by parties that represent themselves. Attorneys can also assist in the preparation of the forms and the representation of clients pursuing and opposing DVPA applications for restraining orders. Whether or not an initial order is entered, a trial will be required before the Court enters a “permanent” restraining order which can last for three years.
Sometimes it is possible to have a “stay away” order entered in family law proceedings instead of a DVPA order. This can be advantageous to both parties since the orders are entered with the consent of both parties and do not trigger the same consequences as the entry of a DVPA order.
For questions about DVPA orders and restraining orders, please contact the Law Offices of Richard A. Marcus at 661-257-8877.