San Jose Divorce Lawyer discusses Chris Brown and Rihanna: When to File for a Restraining Order
By now we all know that Rihanna and her boyfriend Chris Brown were in a physical altercation last week. Perhaps the question on everyone’s mind (besides why did he do it), is should Rihanna be seeking a restraining order against him? Or did she get one from the police?
In California, there are two main types of restraining orders available to victims of domestic violence: domestic violence restraining orders, and criminal protective orders. Criminal protective orders are issued in cases where criminal charges are pressed. A domestic violence restraining order is issued by the family law courts, and requires no pending criminal charges. These domestic violence restraining orders are issued on an ex parte basis, and set for a hearing in a short period of time. At the hearing, courts can issue longer restraining orders, anywhere from 1 to 5 years.
Domestic violence protective orders are appropriate in cases where the parties are divorcing, were never married, have children together, or are related by blood or marriage to each other. The party applying for such an order must show a danger of some imminent harm. To get a long term order, Under California Family Code section 6300, restraining orders may be issued “to restrain any person for the purpose of preventing a recurrence of domestic violence and ensuring a period of separation of the persons involved, if an affidavit . . . shows, to the satisfaction of the court, reasonable proof of a past act or acts of abuse.” Abuse can mean stalking, physical abuse, harassment, making telephone calls, or otherwise threatening a person’s safety.
Here at Sagaria Law, we offer a full range of family law legal services, from divorce and property disputes to custody and visitation matters. We handle all types of family law actions, including adoptions, guardianships, parentage, dissolution and support. We have five Northern California locations including San Jose, Redwood City, Fremont, Salinas and Sacramento. We offer a free thirty minute consultation, either in person at any of our offices, or over the phone. Call our offices today to schedule your free consultation with one of our family law attorneys: (408) 279-2288 or (800) 941-6730 or visit www.sagarialaw.com