Domestic violence is the abuse of someone in a close or intimate relationship. The abuse can be verbal, physical or a combination of both. A party being abused can seek Domestic Violence Restraining Order to protect himself or herself from another party. California Courts have described verbal/emotional abuse as “acts that destroy the mental or emotional calm of the other party” and can be used to support a request for Restraining Orders.
Some trial courts in California were denying Domestic Violence Restraining Orders based on mental abuse. However, in a recent case, the California Appellate Court confirmed that mental abuse is sufficient to issue a Domestic Violence Restraining Order.
The appellate court held that mental abuse and controlling behavior in a romantic relationship are relevant factors in determining whether to grant a Domestic Violence Restraining Order.
The appellate court provided examples of mental abuse sufficient to warrant a restraining order, such as threats to publish someone’s personal emails, constant ongoing contact in person and by phone calls despite requests to stop, downloading and disseminating text messages, isolation, control and threats to cause harm. The Court also held that past abuse is sufficient to issue a protective order. There is no need to show likelihood of future abuse.
If you need representation in a Restraining Order hearing or would like assistance in filing or defending a Restraining Order, contact a Los Angeles Family Law Attorney at Castellanos & Associates, APLC at (323) 655-2105. Our consultations are free and we will fight to protect your rights.