Domestic violence & protective orders answers, page 2
Domestic violence charges and protective and restraining orders, their terms and hearings.
Answers 32 to 61 of 61
Sorted by question. General information, not advice for an individual case. Search the whole library or choose another topic below.
Does the restraining order against me end if my criminal case is dismissed?
A pretrial criminal protective order generally loses its basis when the whole case is dismissed; separate civil or postconviction orders may continue.
Read answer Domestic violence & protective ordersLegal answerEmergency vs. criminal protective order: what is the difference?
An emergency protective order comes from an officer's request within hours; a criminal protective order comes later from the court. See how long each lasts.
Read answer Domestic violence & protective ordersLegal answerHow can I clarify the places a protective order bars me from visiting?
A protective order's stay-away places and distance are set by your judge, not a fixed rule. How to read your order and get real ambiguity clarified.
Read answer Domestic violence & protective ordersLegal answerHow can I get my belongings when a protective order bars contact?
How to lawfully retrieve personal property from a shared home under a California protective order, without contacting the other party.
Read answer Domestic violence & protective ordersLegal answerHow can I get the 911 call from my domestic violence arrest?
How to get a 911 recording in a California domestic violence case through discovery or subpoena, and why a records request usually won't produce the audio.
Read answer Domestic violence & protective ordersLegal answerHow do I ask a San Diego criminal court to change a protective order?
San Diego form CRM-248 lets eligible parties request a criminal protective-order change. Learn what to explain, whom to serve, and why the current order still controls.
Read answer Domestic violence & protective ordersLegal answerHow do I document compliance with a protective order's firearm terms?
How to relinquish firearms under a California protective order, file the 48-hour receipt, and what a later conviction separately requires.
Read answer Domestic violence & protective ordersLegal answerHow do I find every protective order currently against me?
There is no public California search for protective orders against you. How the statewide system works, out-of-state orders, and how to confirm what is on file.
Read answer Domestic violence & protective ordersLegal answerHow do I get my guns back after a protective order ends?
California does not return relinquished firearms automatically when a protective order ends. Here is the DOJ eligibility process, fee, and timeline.
Read answer Domestic violence & protective ordersLegal answerHow does a restraining order work if you and the other person share a workplace?
How a California domestic violence restraining order can cover a shared workplace, what the DV-100, DV-110, DV-120, and DV-130 forms say, and how to raise it.
Read answer Domestic violence & protective ordersLegal answerHow long can California wait to charge an older domestic-violence allegation?
California domestic-violence charging deadlines depend on the offense and date. Compare domestic battery with corporal injury and check when prosecution began.
Read answer Domestic violence & protective ordersLegal answerIs it legal to secretly record my partner to prove what happened?
California generally requires all-party consent to record. When secretly recording a partner is a crime, the narrow DV exceptions, and when it can be used.
Read answer Domestic violence & protective ordersLegal answerIs strangulation charged more seriously in a California domestic violence case?
How California's corporal-injury law treats strangulation without a visible mark, and when a great bodily injury enhancement can add prison time.
Read answer Domestic violence & protective ordersLegal answerShould I testify at a restraining order hearing while my criminal case is pending?
Testifying at a restraining order hearing during a pending criminal case carries self-incrimination risk. What California law protects, and what does not.
Read answer Domestic violence & protective ordersLegal answerWhat does a judge check about me before ruling on a restraining order?
Before a California domestic violence restraining order hearing, the court must have your records searched. What it covers and what the results can trigger.
Read answer Domestic violence & protective ordersLegal answerWhat does peaceful contact allow under a criminal protective order?
On a California criminal protective order (CR-160), peaceful contact covers only child exchanges and court-ordered visitation set by a family court order.
Read answer Domestic violence & protective ordersLegal answerWhat evidence should I preserve when a domestic violence report omits my injuries?
If a California domestic violence report omits your injuries, preserve original records and let counsel review the evidence and dominant-aggressor rules.
Read answer Domestic violence & protective ordersLegal answerWhat happens if a gun violence restraining order petition against me was false?
Filing a gun violence restraining order petition knowing its information is false, or with intent to harass, is a separate misdemeanor under Penal Code 18200.
Read answer Domestic violence & protective ordersLegal answerWhat happens if I cannot find the other party to serve a restraining order petition?
Cannot find the other party to serve a California restraining order? Who may serve, how to get a new date, and when a judge allows alternative service.
Read answer Domestic violence & protective ordersLegal answerWhat happens if someone makes a false domestic violence report?
Being disbelieved is not a false report. Learn California's false report and perjury exposure for a knowingly false domestic violence report or declaration.
Read answer Domestic violence & protective ordersLegal answerWhat happens if you refuse to sign a restraining order?
Refusing to sign a restraining or protective order does not stop service. See how signature-free service works and what still counts as a violation.
Read answer Domestic violence & protective ordersLegal answerWhat happens to a shared lease after a protective order?
A California protective order does not cancel a shared lease. Lock changes, the rent a restrained co-tenant can still owe, and when a court can remove only you.
Read answer Domestic violence & protective ordersLegal answerWhat happens when both partners are arrested for domestic violence?
California discourages but does not ban dual domestic violence arrests. Learn about the dominant aggressor rule, separate cases, and protective orders.
Read answer Domestic violence & protective ordersLegal answerWhat if a shared online account contacts someone protected by an order?
A protective order violation still requires proof that you knowingly made the contact. What a shared login changes, and does not change, in California.
Read answer Domestic violence & protective ordersLegal answerWhat if two 911 callers describe a domestic violence incident differently?
When two 911 callers describe a domestic violence incident differently, neither call is automatically excluded. Here is how California law treats that.
Read answer Domestic violence & protective ordersLegal answerWhat is a gun violence restraining order and how is it different from a domestic violence restraining order?
How a California gun violence restraining order works, who can file one, how long it lasts, and how it differs from a domestic violence order's firearm rule.
Read answer Domestic violence & protective ordersLegal answerWhat is the 52-week batterer intervention program?
California's batterer's program requires at least a year of weekly two-hour sessions under Penal Code 1203.097. See the rules, fees, and exceptions.
Read answer Domestic violence & protective ordersLegal answerWhat is the difference between a no-contact order and a restraining order?
A California no-contact order is usually one term inside a protective order, often a criminal protective order. A restraining order is usually a civil order.
Read answer Domestic violence & protective ordersLegal answerWhat should I do before my first Kern County DVDP hearing?
Read the signed Kern CR-0314 for your first DVDP hearing, no-contact terms, payment or waiver step, proof to bring and assigned classes.
Read answer Domestic violence & protective ordersLegal answerWhich order controls if I have both a criminal and a civil restraining order?
California sets the order in which conflicting protective orders are enforced. See the four-step priority list and what it means for a restrained person.
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