Domestic Violence Restraining Order

Law Offices of Keith Banks offers legal assistance to residents of Yolo, Sacramento, Solano and Placer counties struggling with domestic violence issues.  This includes those seeking the protection of a Domestic Violence Restraining Order and those who believe they were wrongfully accused.

What is Domestic Violence?

According to the US Department of Justice, domestic violence is defined as a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner or child.  This abuse can be:

  •  Physical: Hitting, slapping, shoving, grabbing, pinching, biting, hair pulling and even denying a partner or child medical care.  
  • Sexual: Coercing or attempting to coerce any sexual contact or behavior without consent.  This includes, but is not limited to, marital rape, attacks on sexual parts of the body, forcing sex after physical violence has occurred, or treating one in a sexually demeaning manner.
  •  Emotional: Undermining an individual’s sense of self-worth and/or self-esteem including criticism, diminishing one’s abilities, name-calling, or damaging one’s relationship with his or her children.
  • Economic: Making, or attempting to make, an individual financially dependent by maintaining total control over financial resources, withholding one’s access to money, or forbidding one’s attendance at school or employment.
  •  Psychological: Can include, but is not limited to, causing fear by intimidation, threatening physical harm to self, partner, children, or partner’s family or friends, destruction of pets and property, and forcing isolation from family, friends, or school and/or work.

Who Can be a Victim of Domestic Violence?

Anyone can be a victim of domestic violence, not just a spouse.  The law recognizes that victims of domestic violence can be:

  • Spouse
  • Cohabitating partner
  • Children
  • Family member
  • Dating or live in partner

Domestic Violence Restraining Order

The most common first step to combating domestic violence is to file for a Domestic Violence Restraining Order.  This is generally a two-stage process:

1.     File a Request for Domestic Violence Restraining Order with the court

  • If this request is granted, the court will issue a Temporary Restraining Order and set a hearing date for all parties to appear.  This  Temporary Restraining Order will expire on the date of your hearing.
  •  If the request is denied, the court will not issue a Temporary Restraining Order but will still set a hearing date for the parties to make their case.

2.     Serve copies of the Request and the Temporary Orders on the abusive spouse.

3.     Attend the hearing set by the court in order to determine if a longer order is appropriate.

Having grown up in a household where domestic violence routinely occurred, Keith is committed to helping those who need help feeling, and becoming, safe from abuse.  He will work with you on understanding what the law can, and cannot, do to help you begin your life abuse-free.

The Law Offices of Keith Banks is also committed to helping those who believe that they have been wrongfully accused of domestic violence.  We have seen instances where spouses, in attempting to further other litigation (such as a divorce case), have accused the opposing spouse of domestic violence. 

Please click here for additional domestic violence resources.

domestic violence, free legal consultation
Law offices of Keith Banks locations