Restraining Orders in California: The Evidence You Need

Fri 17th May, 2024 Family Law

Emergency services and resources are a first line of defense if you find yourself in immediate or imminent danger. Resources are available to victims of abuse, and legal protections such as restraining orders can be vital in bringing abused persons out of volatile situations. One valuable resource is listed in the “sources” section of this article.

A far too frequent reason for divorce is an abusive spouse. But too often people do not fully understand the real benefit that can come from a restraining order. We hope to help readers better understand a domestic violence restraining order, the evidence you will need to have a lasting order, and other frequently asked questions.

Utility of Domestic Violence Restraining Order

Too often people do not pursue a restraining order because they do not understand how it can protect them. A restraining order allows a court to establish that a freedom should be taken away from a specific person. In the U.S. people are guaranteed certain freedoms. Unless a court is provided sufficient evidence to establish that a freedom should be taken away. For example, it is quite possible that an individual might drive past your home several time in one day. This would ordinarily not be cause for alarm, and a court would not (and should not) order any and all random people from having the ability to drive past your home.

However – when a person establishes that a particular person has been threatening, harassing, or abusing you, and there is reason to restrict THEIR ability to drive past your home several times a day – that might be a different story. If a restraining order is put in place, you can use any violations of the restraining order as further protection against the abuser. Violations can – and have – resulted in jail time for the abuser.

What Evidence Do I Need for a Restraining Order?

If filing for a restraining order is necessary to keep you safe then you should not hesitate. A restraining order restrains – or takes away – the freedom of a person to take an action they would otherwise not be prohibited from. Because you are asking the court to strip someone of a freedom, the court will need to see evidence of harassment/abuse for the restraining order to last a significant amount of time. The more relevant evidence you can provide to the court, the easier it will be for the court to award the necessary restraining order.

Evidence that is relevant toward establishing the need for a restraining order might include:

  • Witness testimony from neighbors, friends, or family members.
  • Records of threatening messages – this might be e-mail, voicemail, text, etc. Note that “he-said She-said” without further documented evidence will not be helpful to you.
  • Photos of physical injuries you sustained as a result of the abuse
  • Police records of filing reports of the abuse

Contact the Law Office of Bradley S. Sandler

Restraining orders are often a necessary tool in the pursuit of a divorce. Emergency services and 911 are available to those in immediate danger. For further help, the seasoned legal team at the Law Office of Bradley S. Sandler can help you in determining your best options for moving forward.