It’s never easy to accept that you are in a situation that you never planned for or even imagined. Domestic violence can be extremely isolating and terrifying all at once. But luckily there are things that can be done to help protect yourself from your abuser. One such thing is the filing of a domestic violence restraining order.
Relationship to the Accused
Domestic violence (DV) restraining orders don’t require that the person seeking one (known as the “petitioner”) is married to the accused. In fact, DV restraining orders can be also be filed by registered domestic partners, significant others, former spouses, former significant others, and others with whom the petitioner resides. Also, you don’t need to be a legal adult (age 18) to file a restraining order. Children who are 12 or older can file one by themselves, though others can file such an order on behalf of a minor.
In order to apply for a DV restraining order in California, the petitioner must file a declaration regarding their allegations of abuse that they claim has occurred. This declaration is signed under penalty of perjury, which means that they can get in big trouble and be guilty of a crime for lying or sharing misleading information.
A Preponderance of the Evidence
The burden of proof for receiving a restraining order falls on the petitioner. The standard of proof that their evidence must rise to in order to prove that they should be granted an order is called a “preponderance of evidence.” This standard essentially requires the petitioner to prove with greater than 50% certainty that they are telling the truth.
There is a variety of evidence that can be used in order to meet a preponderance of the evidence. Such evidence includes:
- Police reports
- Medical records
- Text messages
- Evidence of past conduct used to prove a “pattern of conduct”
- Supporting witnesses who testify at the hearing
The Law Office of Ronald L. Freeman Helps Those in California Who Have Been Accused with Domestic Violence
If you believe that a DV restraining order has been unfairly issued against you, a knowledgeable and experienced San Bernardino and Riverside criminal defense attorney who understands family law and can help to walk you through the whole process.
At the Law Office of Ronald L. Freeman, our San Bernardino and Riverside criminal defense attorneys will work to defend your freedom, collect proper evidence to help your case, and work hard to have the criminal charges against you dropped or reduced. To learn more or to schedule a free consultation, contact us today!