Dr. Judith Gerhart, CFP
Certified Divorce Financial Analyst 
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Domestic Violence Restraining Orders
August 21, 2008
Purpose: In a high-conflict divorce and custody case, to protect the parties and children involved.
Unfortunately, sometimes after a divorce or custody case is filed, someone gets angry and becomes physically or emotionally violent. This is particularly troublesome if there are children involved. In order to protect yourself, it may be vital to obtain a temporary restraining order against the other side. Temporary restraining orders (usually lasting no more than 20 days) may be granted without a full evidentiary hearing (based on declaration alone). Since they are granted based on one party’s declaration, they are set for hearing, where the Judge will take evidence from both sides before entering an Order for a longer restraining order. (lasting up to five years). In California, there is a rebuttal presumption that an award of custody to a perpetrator of domestic violence is detrimental to the best interests of the child. Because of the weight this carries, restraining orders are often abused in custody cases. It is essential to immediately consult with a competent family attorney if you are experiencing violence in your case.
Attorney time: 15-40 hours ($4,500- $12,000)
Court Costs: $40 per motion
Time Factors: Domestic violence restraining orders are extremely important and take a lot of preparation. Preparation time includes setting up the case, interviewing witnesses, taking statements, preparing declarations, speaking with police officers. Are the court appearances on calendar, and do they take place without delay? Does the Judge have time on his calendar to hear all witnesses? Do the witnesses appear? Does the other side have witnesses? Have you anticipated all issues that could be raised at the hearing?
By Kelly Chang Rickert
Posted by Judith Gerhart on August 21, 2008 | Permalink | Post a comment
