California is the state where the #MeToo movement got its first big launch before taking off around the rest of the world. Since then, countless women — and men — have stepped forward to call out not just people they work with but partners and exes. Because of the nature of the movement and its new synonymy with all aspects of violence against women, finding an attorney to take on your DVRO defense case in Orange County can prove difficult.
What Is a DVRO?
This is the abbreviated form of a domestic violence restraining order. As the name implies, it offers legal protections for victims by prohibiting the accused party from maintaining contact with them. By eliminating the legal rights to any form of communication, courts help to protect victims from enduring any further abuse or threats of abuse. This can also affect the accused person’s life in terrible ways.
At the Law Offices of Chris McCann, we understand that not all allegations are true and that, sometimes, people change. We have seen countless incidents of false accusations as well as truthful accusations against people who just wanted to spend time with children who were never victimized. Unfortunately, in most cases, the only way to restore your rights and privileges is to fight the restraining order.
Who Can File for a DVRO?
When most people think of domestic violence allegations in Santa Ana, intimate partners come to mind. However, California’s laws take many other relationships into consideration. Here is the full list from the California Courts of people who may file for a restraining order against you:
- Current spouses as determined by marriage or registered domestic partnership
- Former spouse from whom you are separated or divorced
- Someone you dated or used to live with as more than just roommates
- The other parent of your child
- Other families related to you, including in-laws
What Actions Do Courts Classify as Domestic Violence?
Some people often express surprise at the actions that courts consider domestic violence. What the courts take into consideration is that even when the accused do not understand the effects of their actions, the victims might nonetheless suffer from it.
Sexual consent is one of the touchy topics courts now try to simplify into black and white answers. The fact that so many states differ on what counts as consent or when each person can revoke consent — if at all — creates gray areas that can often lead to domestic violence allegations.
With this in mind, here are some of the actions that courts classify as acts of domestic violence against a family member, current romantic partner or ex:
- Causing physical injury to someone else, whether deliberately or through reckless actions
- Threatening someone or otherwise causing fear for his or her safety
- Destroying someone’s personal property
- Harassing or stalking someone
- Assaulting someone sexually
How Can Restraining Orders Negatively Impact the Accused?
In some ways, DVROs are meant as much to punish offenders as to protect victims. When you remember this, it becomes easier to understand why there are so many negative effects of someone filing a restraining order against you.
When someone files a restraining order, the accused party must maintain a predetermined distance from them and members of the household. So, if the other parent of your children successfully files an order, this might affect your custodial and visitation rights.
California and many other states restrict gun rights of people convicted of domestic violence and/or who have active DVROs against them. Not only do you lose the right to purchase guns, but you might need to turn over the ones you already own.
If you lived with the person who filed the order or lived close to the home, the order requires you to leave. Orange County is an expensive place to live, so this might lead to temporary homelessness while you get back on your feet.
If you worked at the same building or close to the person who accuses you, you might have to give up your job. Note that if you are an armed guard or another professional who needs to carry a licensed firearm for work, you might lose your career as well.
Why Should I Contact Chris McCann?
Over the past few years, victims of abuse have found their voices and continually speak out against the people who victimized them. This has moved public opinion in favor of protecting victims at any cost.
Unfortunately, it often comes at the cost of drowning out the voices of people who might be innocent or who are willing to come to other compromises for the sake of the children. If this is the predicament you find yourself in, we can help. Give us a call at 714-477-7668.