Domestic Violence Restraining Orders vs No Contact Orders
As you navigate a divorce or domestic violence case it can feel overwhelming to understand the host of new, legal terms. The courts and California law have developed to offer many different supports to individuals who may need to employ legal tools in order to protect their safety, or the safety of someone they love.
In this blog post we will briefly discuss some of the differences between two common legal tools that you might consider employing in your own case. This article aims to offer readers a baseline clarity on the definitions, purposes, and processes of restraining orders vs no contact orders so you might better understand how they may operate in your case.
For professional, tailored advice specific to your own unique circumstances, reach out to the experienced divorce and domestic violence attorneys at Cardwell, Steigerwald Young.
Domestic Violence Restraining Order (DVRO)
A Domestic Violence Restraining Order (DVRO) in California is a civil order issued by the court with the purpose of protecting individuals from abuse or threats of abuse by someone with whom they have/have had a close relationship. This includes a number of people with whom you could have had a close relationship. For example a spouse, ex-spouse, cohabitant, even relatives might fit the definition of a person with whom you had a “close relationship” and need an order against. The primary purpose and goal of a DVRO is to prevent the person who receives the order from committing further abuse by legally restricting the abuser’s actions.
A DVRO can encompass a variety of restrictions, such as prohibiting the abuser from contacting or coming near the victim, removing or restricting access from that individual from coming into a shared residence, and even granting temporary custody of children. Obtaining a DVRO usually requires filers to complete and file a petition to the court, in which the petitioner must provide evidence of the alleged abuse or threats. Temporary orders can be issued quickly in the name of protecting the filer, with a full hearing to follow where a more permanent order will be discussed. This allows the courts to act quickly to protect the filer, while also retaining the rights of the accused to fully present their side of the story to the court.
No Contact Order
A no Contact Order, on the other hand, is typically associated with criminal proceedings. A no contact order may be a condition of someone’s bail, parole, probation, etc. and serves to prohibit a defendant from contacting the victim.
Key Differences in DVRO vs No Contact Order
Victims are not required to take action to obtain a no contact order – it is put in place automatically as part of a criminal case. While automatic, no contact orders are also often more limited in scope compared to a DVRO. A no contact order might simply prohibit any communication between the defendant to the victim, and may last only so long as the case is unresolved.
A DVRO, on the other hand, is a civil order, initiated by a victim, that can offer more comprehensive protection over a significant period of time.
Both orders play critical roles in providing protection, but they are not interchangeable. Understanding which order is appropriate, how they operate, and how you can utilize them in your own case can be crucial for victims of domestic violence seeking protection.
Contact Cardwell, Steigerwald Young
Navigating the legal system can be daunting – having experienced legal counsel in your corner can make all the difference. The respected San Francisco domestic violence attorneys at Cardwell, Steigerwald Young can help clients navigate through any challenging domestic situation. Contact our office today to speak with our team.
Sources:
sfsheriff.com/whats-your-situation/im-victim-andor-survivor-domestic-violence/domestic-violence-resources
domesticshelters.org/help/ca/san-francisco
