Domestic Violence Restraining Orders

In California there are multiple types of restraining orders a court can issue.  One type of restraining order is a domestic violence restraining order under California Family Code Section 6200 et seq. under the Domestic Violence Prevention Act (DVPA).

Domestic violence restraining orders are unique in that they can only be brought against someone with whom there is (or has been) a family or amorous relationship.  If that relationship exists then a petition brought under the DVPA enjoys a lowered standard of proof: they need only prove that the violence at issue occurred by a “preponderance of the evidence.” Preponderance of the evidence means that a judge feels the petitioner is more likely than not.  Normally, courts require “clear and convincing” evidence, which means a judge must find that no only is the Petitioner’s version more likely than not, but it is clearly and convincingly the case.

This is especially helpful in domestic violence situations because often domestic violence occurs in the home or other private areas where there are no witnesses  or recorded/written records of what transpired.

However, even with this lower standard, proving domestic violence requires showing that all of the elements of domestic violence have been fulfilled.  Despite the gritty nature of domestic violence allegations, these requirements technical and drawing them out can be somewhat dry and laborious.  The San Francisco based bat area law firm of Jones & Devoy has the experience in domestic violence cases to make sure that the best and most effective version of your case is presented to a judge.