Domestic Violence

The family law attorneys at Rombro & Associates are experienced in obtaining restraining orders against perpetrators of domestic violence, as well as challenging orders which were brought improperly for the purpose of harassment or intimidation.  Based on our level of experience in family law, our lawyers understand the impact of domestic violence charges on divorce proceedings as well as their impact on the lives of the family members involved.

Restraining Orders

The Temporary Restraining Order (TRO) is a tool available to protect victims of domestic violence.  A TRO can order the person restrained to move out of your house and not contact or go near you, your children, other relatives, or others who live with you.  A TRO can also make other orders, such as restraining a person from having a gun or directing the person to follow child custody and visitation orders and pay child support or spousal support. 

A TRO is temporary by nature and stays in effect until a court date established at the time the TRO is granted.  At that time, it may be canceled or continued for up to five years.

A domestic violence restraining order is available to a person who has been abused by someone in a close relationship with that person, such as a spouse or ex-spouse, boyfriend/girlfriend or ex, or a relative.  Abuse can be verbal or written as well as physical.

A temporary restraining order is also available to a victim or stalking or civil harassment.  Such harassment includes unlawful violence, but also includes a credible threat of violence, or a course of conduct directed against a person.  A civil harassment restraining order is proper when the harasser is a neighbor, roommate, or co-worker.  California law also provides a separate restraining order to protect dependant adults or elders from abuse by those to whom they are vulnerable such as caregivers or family members.

The Restraining Order Used as a Weapon

Unfortunately, false allegations of domestic violence are sometimes levied in an attempt to gain an advantage in a divorce proceeding.  If a restraining order is being brought against you, you have the right to appear in court and to be represented by a lawyer.  If the other party cannot present proof of actual abuse, you may be able to have the order canceled by the court.

Effect of Domestic Violence on Divorce Proceeding

Unless successfully rebutted, the court will not grant custody rights to a parent who has committed domestic violence against the other parent.  The presumption against awarding custody can be overcome by submitting evidence of completion of various programs or the terms of a protective order.

If you are involved in a divorce proceeding and have either been the victim of domestic violence or subjected to a restraining order that you feel is unjust, contact the lawyers at Rombro & Associates for assistance.