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
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.