Domestic violence occurs when one spouse causes his/her signigicant other to fear for his or her safety through physical or emotional intimidation. Domestic violence includes hitting, striking, molesting, stalking or harassing.

Domestic violence is usually subtle, and rarely includes an actual physical assault. Common examples of domestic violence include making unwanted and multiple telephone calls or emails, repeatedly showing up without permission at the other’s home or place of business, throwing or breaking objects in the other’s presence, physically preventing one person from leaving the room, and following one person without their knowledge or permission. Domestic violence is no longer just between a man and a woman, and is no longer limited to physical abuse. A victim of domestic violence can be a husband, wife, girlfriend or boyfriend.

In domestic violence situations, the court has various methods to protect the abused party. Usually it issues emergency restraining orders (CLETS orders) which order the abusive spouse to stay away from the abused spouse and any other family members, including the abusive spouse’s own children. If the court finds that one spouse committed domestic violence on another person within five years, it is presumed that person is unfit to have legal custody of his/her children.

Restraining orders are good for up to five years. Police departments thoughout California have access to these orders. If a person violates a protective order, it is likely he or she will be arrested and prosecuted.

For people who have a restraining order (CLETS order) issued against them, it can profoundly change their lives. He or she cannot own a gun or work at certain jobs. If the court believes drugs were a component of the violence, he or she may be required to submit to random drug testing and attend mandatory therapy. A restraining order will also limit that person's ability to have visitation with his or her own children. This is true even if the restarining order was entered in favor of someone with whom the person did not even have children. Violation of a CLETS order almost always results in an arrest and prosecution.

If you have a question about domestic violence, you should seek legal advice from a licensed, Calif family law attorney. If someone has filed a case against you for a domestic violence restraining order, you should immediately seek advice from a California attorney as the court will expect you to appear and defend yourself at the hearing. Call a family law attorney for a free consultation.