“How do I get a Domestic Violence Restraining Order (DVRO), While Going Through Divorce?”
Navigating a divorce when domestic violence is involved drastically changes how the case is handled, especially concerning child custody and safety. To get a Domestic Violence Restraining Order (DVRO) while going through a divorce, you must navigate a specific set of laws designed for emergency protection alongside standard family law procedures.
An important consideration is that DVRO can be filed either as a separate case or as part of a family law case such as divorce or petition to establish parental relationship. If you file the divorce after the DVRO then divorce case number will become the leading case number.
Here is how the process works:
Step 1: Request an Emergency Temporary Restraining Order (TRO)
To get immediate protection, you can ask the court for a temporary restraining order.
• This can be issued via ex parte, meaning it is handled as an emergency and you do not have to give notice to the other party beforehand.
• If the judge determines there is enough evidence of domestic violence, they will grant temporary orders immediately.
• Navigating emergency filings can be highly complex, so working with a domestic violence restraining order attorney (dvro attorney), or family law lawyer is a powerful way to ensure your paperwork is filed correctly.
Step 2: Establish Immediate Protections and Move-Out Orders
A DVRO is an incredibly powerful tool in the divorce process. Once a temporary restraining order is granted, it allows you to:
• Have the abuser ordered to move out of the family residence right away.
• Ensure the abuser does not get initial custody or visitation.
• Allow the parent who is more protective of the child to be safely involved in making the decisions for the child. If you are trying to understand how to get full custody in California under these circumstances, a skilled child custody attorney or family law attorney can help enforce these safety-based custody changes.
Step 3: Attend the Permanent Restraining Order Hearing
A temporary restraining order is only short-term. By law, the judge must set a hearing for a permanent restraining order within 21 days of issuing the initial temporary order. At this hearing, both sides will present their cases. If you want to secure long-term protection, finding a family law attorney ahead of this 21-day deadline is critical to preparing your evidence.
Step 4: Handle the Ongoing Divorce and Support Requirements
While the DVRO addresses immediate safety and custody, the support orders and financial orders are often addressed at a future hearing date. The Court can continue the DVRO hearing to address support orders and attorneys’ fees award separately. The Court cannot address child support orders until parenting time is determined and parenting time for purposes of support will await the outcome of the restraining order hearing.
• Child Support and Temporary Spousal Support: Both are calculated using a specialized computer software program. There are many numbers that go into the calculation of support. However, the numbers that affect the calculation the most is how much money each spouse makes and the percentage of time each parent spends with the child(ren).
• Because a domestic violence restraining order impacts parenting time, it heavily influences child support outcomes. A divorce attorney or a family law lawyer can help ensure the computer calculations accurately reflect your situation.
Step 5: Need to Finalize the Division of Assets and Debts
Restraining orders can help you obtain temporary orders but even if you stipulate to make these orders permanent you still need to address the division of assets and debts. The final piece of your divorce is the division of assets and debts. This always comes last and will be resolved at the very end of your case, either at the time of a final trial or through a stipulated judgment (a formal agreement).
If you are facing abuse and trying to protect your children during a separation, you do not have to do it alone. Reaching out to a lawyer can give you the legal support needed to safely secure a DVRO and finalize your divorce.
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