Domestic Violence

California law enforcement received well over 150,000 domestic violence calls in 2008, and over 100 women and men were killed that year as a result of domestic violence.  At Richard Ross Associates, our family law attorneys work to prevent domestic violence in Ventura County and neighboring communities by seeking temporary restraining orders to protect our clients.

Temporary Restraining Order (TRO)

A TRO may be sought by a person who has been abused physically, verbally, or in writing, by a spouse, ex-spouse, current or former boyfriend or girlfriend, relative, or other person in a close relationship.  The TRO can do more than just order a person to stay away from you and not have any contact with you, your children or relatives, or others whom you live with.  A TRO can also order a person to move out of your house, restrain a person from possessing a firearm, or direct a person to comply with child custody and visitation orders or pay child or spousal support.

A TRO is by its nature temporary.  The judge granting the TRO will establish a time frame for the TRO, setting a court date for the date at which the TRO is set to expire.  At a hearing at that time, the TRO may be canceled, or it may be continued for a period up to five years.

Civil Harassment and Stalking

A victim of civil harassment or stalking may also obtain a TRO against a harasser or stalker who has perpetrated unlawful violence or a credible threat of violence, or is engaged in some similar course of conduct directed against the person.  Usually, the subject of a civil harassment restraining order is a co-worker, roommate, or neighbor.  Dependant adults and elders may also seek a restraining order to protect them from abuse by family members, caregivers, or others to whom they may be vulnerable.

Domestic Violence and Divorce

In a divorce proceeding, the court will not grant custody rights to a parent who has committed domestic violence, unless he or she can submit evidence showing completion of certain treatment programs or compliance with the terms of a protective order.  A similar presumption exists against awarding spousal support to a spouse who has been convicted of a domestic violence crime.

Allegations of domestic violence are sometimes levied during a divorce proceeding, particularly when a bitter custody fight is going on.  The person who is the subject of a restraining order has a right to a hearing and to demand factual proof of abuse.  Absent such proof, the court may cancel the order.

Seek Experienced Representation

If you are dealing with a domestic violence issue in the context of a divorce or child custody battle, contact the Oxnard law office of Richard Ross Associates for immediate assistance.