Do I Need a Domestic Violence Restraining Order?

According to the National Coalition Against Domestic Violence (NCADV), “Physical abuse includes the physical assault, battery, and sexual assault used as part of a systematic pattern of power and control perpetrated by one intimate partner against another.” The NCADV continues, “It often co-occurs with other forms of abuse, including psychological abuse, economic abuse, and stalking.”

The California Courts expand upon the NCADV’s definition of domestic violence: “The physical abuse is not just hitting. Abuse can be kicking, shoving, pushing, pulling hair, throwing things, scaring or following you, or keeping you from feely coming and going. It can even include physical violence of family pets.”

Are You Being Abused By Your Spouse?

If you’re being abused by your husband or wife, it may have come as a quite a shock. Perhaps you didn’t think you’d ever be abused. Perhaps your marriage started off perfect, but your spouse suddenly “snapped” and started abusing you emotionally and physically.

If you never thought this would happen to you, you’re not alone. According to the NCADV, “Intimate partner physical abuse is not bound by age, socioeconomic status, race, ethnicity, sex, sexual orientation, gender identity, religion or orientation; it exists in all communities.”

According to data from the NCADV:

  • Each year, over 10 million Americans are victims of physical violence.
  • 1 in 3 women are victims of domestic violence during their lifetime.
  • Of all domestic violence victims, 76% are female.
  • 1 in 7 women in America are seriously injured by an intimate partner during their lifetime.
  • Of all violent crime in the U.S., domestic violence is responsible for 15%.

If you’re a victim of domestic violence, you should highly consider obtaining a domestic violence restraining order against your spouse. If your child is being abused by your spouse, you can seek a restraining order on behalf of your son or daughter. If your child is 12 or older, he or she can obtain a restraining order on their own.

What a Domestic Violence Restraining Order Can Do

A domestic restraining order can do many things, including order them to: stay away from you and your children, move out, pay child support and spousal support, pay certain bills, order them to not possess any firearms, and order them to stay away from the family pets, among other things.

To learn more about applying for a domestic violence restraining order and filing for divorce from an abusive spouse, contact our San Diego divorce firm to schedule a free consultation. We are here to help you in every way possible.