Unfortunately, divorce and domestic violence often go hand-in-hand. But California law offers legal tools and protections to help those who have experienced domestic violence stay safe during the divorce process. Courts can issue protective orders, restrict contact, and help create a safer path for leaving an abusive marriage.
Pakpour Banks LLP supports individuals across California who make the brave choice to leave an abusive relationship. Our firm protects clients during family law disputes and understands the emotional and practical challenges involved in leaving an abusive marriage. We help people find resources, safety, and legal protection as they navigate the divorce process.
Getting Legal Protection from Domestic Violence in a Divorce
Domestic violence affects every part of a divorce, including child custody, visitation, property division, and financial support. California law allows survivors to seek legal protection from domestic violence during divorce through restraining orders. A restraining order is a type of protective order that limits contact, movement, and behavior. The order may:
- Prohibit contact through calls, texts, electronic messages, or third parties;
- Require the restrained person to stay away from the home, workplace, or a child’s school;
- Set temporary child custody or visitation limits; or
- Require the restrained person to move out of a shared residence.
California law recognizes emergency protective orders, temporary restraining orders, and long-term domestic violence restraining orders.
Restraining vs. Protective Orders
California uses the terms protective order and restraining order in different ways, and the distinction matters for anyone facing domestic violence. A protective order is a broad term for any court order that shields a person from threats, abuse, or harassment in civil and criminal cases. In criminal cases, for example, if your partner is arrested for domestic violence, prosecutors usually request a criminal protective order. Individuals request restraining orders through the civil court system.
Qualifying for a Restraining Order
California law allows a person seeking protection to request a restraining order after abuse by, among others, a spouse or former spouse, a current or former romantic partner, or the parent of a shared child.
A person may qualify if their partner has subjected them to:
- Physical violence—hitting, pushing, choking, or any act that causes injury or pain;
- Threats of harm—verbal, written, or electronic threats that create reasonable fear;
- Harassment—repeated unwanted contact, monitoring, or behavior that causes fear or emotional distress;
- Stalking—following, tracking, or surveilling either in person or through technology;
- Sexual assault—including any unwanted or forced sexual contact;
- Property destruction—breaking items, damaging the home, or destroying belongings to threaten or intimidate the survivor;
- Coercive control—isolating the survivor, limiting access to money or transportation, using intimidation to control daily choices, and interfering with work or relationships; or
- Behavior that disturbs someone’s peace—any act that destroys a survivor’s mental calm or sense of safety.
Individuals experiencing domestic violence may seek protection before, during, or after divorce.
Temporary (Ex Parte) vs. Long-Term Orders
To get a restraining order, an individual files a request for a temporary restraining order. The request is considered “ex parte” because the judge can review it without notifying the person accused of abuse first. A temporary order typically only lasts a few weeks.
After issuing a temporary order, the court holds a hearing to decide whether to issue a long-term restraining order. During the hearing, both parties may testify, present evidence, and call witnesses to testify on their behalf. If the evidence shows that the protected person faces continued risk, the court may issue a long-term restraining order. These orders can remain in place for up to five years.
The protected party may request renewal before the order expires, which requires an ongoing reasonable fear of harm. Parties to the restraining order can also request that the court terminate it early if circumstances have changed and the court determines that protection is no longer necessary.
Court Protections in Domestic Violence Divorce Cases
California offers additional tools to ease the burden during divorce cases that involve domestic violence, including:
- Courthouse security measures, such as controlled entrances and exits;
- Remote appearance options, if permitted by local rules;
- Limits on mediation requirements; and
- Procedures that minimize contact, such as separate waiting areas or staggered departure times.
These steps help people facing abuse pursue their rights without facing unnecessary fear or confrontation.
Resources for Assistance with Leaving an Abusive Marriage
Leaving an abusive marriage brings emotional, legal, and financial challenges. Statewide and local resources like the following may help:
- Domestic violence shelters offering emergency housing and safety planning;
- Hotlines that offer confidential guidance;
- Counseling programs for survivors and children;
- Victim advocacy organizations for assistance with court preparation, safety planning, and forms; and
- Community legal programs that support survivors in obtaining documentation and accessing services.
These resources can help survivors of domestic violence build stability while they navigate the legal process.
Talk with Pakpour Banks LLP
If you face the challenges of navigating divorce and domestic violence, you do not need to face them alone. Pakpour Banks LLP protects individuals throughout California who need a safe path forward. Our team assists clients in requesting restraining orders, preparing for hearings, and developing comprehensive safety-focused plans for the future.
When you work with us, we listen to your needs, respect your goals, and take careful, deliberate steps to protect you and your legal rights. Contact us to discuss your options and learn how we can support your well-being and long-term safety.
Brian enters the family law profession with a refreshing approach to these proceedings: heal families; don’t destroy them. In some cases, this means the family is going to look different than it did before. In other cases, this means a new family is created where there was none before. Either way, individuals should leave family court knowing their voices were heard, and with healthy attitudes about themselves and those they love.