Domestic violence restraining orders in San Diego have their place under the law. They provide a way to move forward for a lot of victims of abuse, but they even can provide an avenue for eviction. Abuse under the law as it relates to Domestic Violence Restraining Orders takes in some of the obvious definitions, such as:
- To intentionally or recklessly cause or attempt to cause bodily injury
- Sexual assault
- To place a person in reasonable apprehension of imminent serious bodily injury to that person or to another
The law even makes clear that abuse is not limited to the actual infliction of physical injury or assault.
Domestic violence restraining orders can be used much more broadly than the name suggests. Under California Law, these can be granted for “disturbing the peace of the other party”, or the party requesting a restraining order. This can constitute anything that disturbs the emotional calm of the abused, including but not limited to stalking, harassment by means of electronic or telephonic means, or any pattern of behavior that would hinder the freedom of the abused party.
Every professional and experienced civil attorney in San Diego suggests that it is very important to note that coercive control is usually included in this definition of hindering the freedom of the abused party.
Coercive control is a pattern of behavior that interferes with the free will of the abused. SB-1141, which passed the California Senate in September of 2020 added language to the existing law to specifically target coercive control, which includes acts such as:
- Isolating the other party from friends, relatives, or other sources of support,
- Depriving the other party of basic necessities,
- Controlling, regulating, or monitoring the movements, communications, daily behavior, finances, economic resources, or access to services of the other party, and
- Compelling the other by force, threat of force, or intimidation, including threats based on actual or suspected immigration status, to engage in conduct from which the other part has a right to abstain from conduct in which the other party has a right to engage.
Acts that are meant to control the ability of a person to exist in community or make choices for their own person can be detrimental to the well-being of that individual, and this coercive control has found its place in the law under the definition of abuse.
Control and violence are very personal, so it might not be surprising that Domestic Violence Restraining Orders are limited by the way a person relates to you. These are just appropriate to request if the person you are looking to restrain had one of the following relations:
- Registered domestic partnership,
- Are a sibling or parent,
- Have a child together,
- Are dating or used to date, and
- Live together or be used
So, if your ex, who does not live with you, records you without consent, finds ways to communicate with you in a manner that is stressful, or has regular emotional outbursts toward you, you may request a DVRO.