Domestic Violence Restraining Order
Los Angeles Divorce and Family Law Attorneys
THE LAW OFFICES OF CATHLEEN E. NORTON
Restraining Orders and Child Custody – What You Need To Know
DOMESTIC VIOLENCE RESTRAINING ORDERS AND CHILD CUSTODY
The reason why it is important to hire an experienced family law attorney if you have been served with a TRO is because the court may take away custody of your children if the judge determines that you have abused your spouse, girlfriend, child’s mother, etc.
Upon a finding by the court that a party perpetrated domestic violence against the other party within the previous 5 years, there is a rebuttable presumption that awarding custody to the perpetrator of domestic violence is detrimental to the best interest of the child.
This means that if a judge finds that you abused your spouse, for example, the court can take away custody of your children.
When one party files for a temporary restraining order (TRO), you have a constitutional right to have a domestic violence trial within about 3 weeks. Therefore, you must hire an experienced family law attorney immediately so you and your attorney can begin preparing for your trial.
- If the TRO said that you cannot see your children pending the trial, then don’t.
- If the TRO said that you cannot go to your children’s school or daycare, then don’t.
- If the TRO said you cannot go to the other person’s place of employment, then don’t.
- If the TRO said you cannot go to the other person’s home, then don’t.
- If the TRO said you have to move out, then find a temporary place to stay until your trial.
Do not try to contact the other party directly or indirectly by text or email. Do not have any of your friends try to contact the other party on your behalf.
If you happen to see the other party at the grocery store, mall, park, gym, for example, then leave immediately and do not approach the other party at all.
DO NOT VIOLATE THE COURT’S DOMESTIC VIOLENCE RESTRAINING ORDERS. YOU COULD GO TO JAIL IF YOU VIOLATE THE COURT’S ORDERS.
You will have an opportunity to present your side of the story, but you must be patient. You only have 3 weeks to work with your attorney to prepare your domestic violence case for trial, so stay focused and listen to your attorney’s advice.
There are only 2 possible outcomes of a Domestic Violence Restraining Order Trial:
- The court grants a permanent domestic violence restraining order;
- The court dissolves the TRO and dismisses the case.
If the court grants the permanent domestic violence restraining order, then the judge can make custody and visitation orders pertaining to your children.
If the judge gives you any visitation at all, your custody may be supervised by a professional or non-professional monitor. The cost of a professional monitor is approximately $40-$50 per hour, which you may have to pay in order to see your children during your custodial time.
The stakes in a domestic violence restraining order case are very high. You could have a permanent mark on your record and you could lose custody of your children. If the court grants a permanent restraining order, the judge can also make orders regarding custody, visitation, child support, and spousal support. Therefore, you would be well-served by hiring an experienced family law attorney early in the case so you have the best possible chances of winning at the domestic violence restraining order trial.
Domestic Violence TRO: Important Tips from Los Angeles Family Law Attorney, Cathleen E. Norton, Esq.
DOMESTIC VIOLENCE RESTRAINING ORDERS: WHAT YOU NEED TO KNOW
TRO is short for Temporary Restraining Order. A TRO is a court order that can help protect you from someone who has abused or threatened to hurt you. The person asking for the TRO is called the “protected party” or the “Petitioner.” The person who has allegedly abused the Petitioner is called the “restrained person” or “Respondent.”
A domestic violence restraining order can also affect child custody and child support. Many people also find it surprising to learn that a domestic violence restraining order may also affect their employment because the TRO is registered into a statewide computer system that lets police know about the restraining order. This means that if you are pulled over for a routine traffic violation, the police will be able to find out that you have a restraining order against you. Employers may also find out about a TRO if they do a background check.
Top TRO Tips from Los Angeles Divorce Attorney, Cathleen E. Norton, Esq.
If you are the Petitioner, check the box on the forms asking for attorney’s fees even if you don’t have an attorney at the time you file your TRO papers. Why? The law says that you may be entitled to have your attorney’s fees paid for by the person who abused you if you win at the court hearing. It is important to have an experienced family law attorney represent you at the hearing even if you think you cannot afford one. Under the right facts, a family law attorney may take on your case for a small up-front retainer (and then ask for attorney’s fees to be paid for by the person who abused you).
If you are the Respondent, give serious consideration to hiring an experienced family law attorney to represent you at the court hearing. Why? If the Judge believes you committed domestic violence, then it may prevent you from having custody of your children. Also, if you lose at the court hearing, you may be ordered to pay the Petitioner’s attorney’s fees and costs.
California law says that there is “a rebuttable presumption” that awarding custody to the perpetrator of domestic violence is NOT in the best interest of the children. So if the judge finds that you perpetrated domestic violence, you have an uphill battle with regard to child custody. And because custody and child support are directly related to each other, it makes financial sense to have a family law attorney represent you at the restraining order hearing. Otherwise, you may lose custody of your children which will cost you more in child support over the long run. Make sense? If not, please contact the Law Offices of Cathleen E. Norton at (310) 300-4021 regarding your domestic violence restraining order case and we will be happy to assist you.
What forms need to be filed to ask for a TRO in California?
- DV-100 Request for Domestic Violence Restraining Order
- CLETS-001 Confidential CLETS information
- DV-109 Notice of Court Hearing
- DV-110 Temporary Restraining Order
If you want your children to be protected by the TRO and are asking forchild custody and visitation orders, you will also need to file the following forms:
- DV-105 Request for Child Custody and Visitation Orders
- DV-140 Child Custody and Visitation Order
- FL-150 Income and Expense Declaration
A judge will then take a look at court papers and decide whether to grant the TRO. Sometimes the judge will want to talk with you and ask you some questions. Other times, the judge may simply grant the TRO after reviewing the court papers.
If the judge grants the TRO, it must then be served on the Respondent. You must have someone serve the papers on the Respondent—you cannot do it yourself. A family friend or family member can serve the papers, or the Sheriff’s Department will do so for you.
Why is service of process important?
You must have the TRO papers properly served because the Respondent is entitled to due process of law. Generally speaking, this means the Respondent must be given an opportunity to tell his or her side of the story.
What is the next step?
When the judge granted the TRO, the Court set a hearing date which is written on your court papers. Both parties must appear at the court hearing. This is when each party tells the judge his or her side of the story.
What will happen at the domestic violence restraining order hearing?
The judge may ask questions of you and the other party. If either party is represented by an attorney, the attorney will ask questions of both parties and make legal arguments about why the TRO should be granted or denied. Then, the Court will decide if the TRO should be granted on a permanent basis.