What are the grounds for getting a domestic violence restraining order under the Family Code?

In general an applicant needs to show three recent (within six months) instances of abuse or credible threats of abuse by a spouse, former spouse, intimate partner, former partner, or family member. A protected person may apply on behalf of herself or on behalf of children in her custody. Things considered abusive include annoying telephone calls, stalking, damage to personal property, breaking and entering, and other criminal acts as well as outright battery. It is helpful, although not necessary if there are witnesses, photographs of injuries, medical records, or police reports as supporting evidence for the abuse allegations. If the abuser is not a current or former family member, spouse, or intimate partner, the application should be filed in the Civil Division with the appropriate Judicial Council forms for that Division.

Mr. Moore has a very practical answer to this question. However, the California Family code requires merely one credible threat or act of violence against a person or someone they live with (e.g., a child) in order for there to be sufficient grounds for the court to grant a temporary and/or permanent restraining order. The Judicial Council has mandated mandatory forms, including form DV-100, request for an order, which requires a person to describe the most recent abuse that has occurred to them. Typically judges will not take a matter seriously unless there has been a qualifying act within the last 30 days. An important element is that the persons must be related, had a sexual relationship. dating relationship, or have children together. If the parties do not meet this affinity test, then a petitioner can seek to file a civil harassment restraining order. While an attorney is not required in a restraining order matter, it is often helpful to have an attorney present in court or in the preparation of the documents given the extreme emotional distress often suffered by the petitioner. My firm offers free consultations for these matters, I wish you the best of luck.

I agree with the last attorney posting. Only one act of violence or credible threat of violence is needed for the Court to grant a DVRO. However, I wish to add that, if the violence or threat of violence is more than 30 days old, you will likely not get a TRO (temporary restraining order) but it will not necessarily prevent the court from granting a permanent restraining order. The difference is that the TRO issues based upon the allegation of current acts of violence or threats to protect the requesting party until a full hearing may be had. This TRO gives the requesting party protection from the other offending party, under threat of jail for violation, until the full hearing when both sides will be presented to the Court for determination of whether there is enough information to issue the permanent restraining order.