MVTC attorneys have a wealth of experience both obtaining and defending against restraining orders. We understand how emotional and difficult the court process can be when it comes to family violence and ensure that our client’s needs are met throughout the process. Given our strong ties with community advocates, we can connect clients with additional resources to help ensure their safety.
The court in a divorce proceeding or an independent restraining order proceeding may make an order protecting the survivor of domestic violence from the perpetrator of the violence. The protection can extend to children and/or third parties residing in the protected person’s home. These orders also may include a residential exclusion (“kick-out”) order requiring the perpetrator to move out of the joint residence, an order prohibiting phone or personal contact by the perpetrator with the survivor, and/or an order that the perpetrator stay a specified distance from the survivor. Such an order is commonly referred to as a “CLETS” order, standing for California Legal Enforcement Telecommunications System. A CLETS order is entered into a system that allows law enforcement and the criminal justice department access to information regarding those restraining orders.
A charge of domestic violence can have serious consequences. In making child custody, child visitation, and spousal support orders, a court will look to see whether there has been a finding of domestic violence. However, an unsubstantiated allegation of domestic violence may be the basis for an award of sanctions or for a change in custody of the children.