| Answer: Domestic Violence California superior courts can issue orders to protect people from the violence or threats of violence of family members or people they date or live with. In such a case, a temporary restraining order may order a violent person to stay away from the home or to move out and not return. It also can contain other orders required to ensure a victim's safety. In addition, a restraining order can say who has temporary custody and visitation of children, who has temporary possession of certain property, who pays child support, and who pays certain bills. A person who feels physically threatened by a spouse or someone living in the home, or who is constantly annoyed by someone, needs to fill out a series of domestic violence prevention forms available from the court clerk's office in order to obtain a temporary restraining order. Generally, the person may appear before a judge the same day to request an order that is good for up to 20 days. A court hearing will be scheduled to determine if a restraining order should be continued for up to three years. Order After Hearing: An Order to Show Cause hearing is held within 20 days to determine whether the judge should issue a restraining order that is good for three years. Afterwards, the judge may issue an Order After Hearing, which can order the same things a Temporary Restraining Order can. It also can provide for child support, restitution, and counseling. Judges usually will allow the accused spouse to explain his or her side before issuing the order. Check with the court clerk's office for a free booklet on orders prohibiting domestic violence and how to fill out the necessary forms. |
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