Domestic Violence Restraining Order (DVRO)
A DVRO is a VERY serious matter
If your spouse has accused you of behavior that warrants the issuing of a DVRO then you will be in for a VERY rocky ride during your divorce. Why is this? The Domestic Violence Restraining Order is a legal document issued by a court to protect the safety of an individual. Within this document, the judge can establish actions that must not be taken by the other party who is being ‘restrained’. These orders are usually for cases involving domestic violence, stalking, harassment, or other threatening behavior. A violation of the order can lead to criminal charges under Penal Code 273.6 PC. Penalties include a misdemeanor charge (as opposed to a felony) and up to one year in county jail.
Once a DVRO has been issued by a court, it becomes a criminal matter if the order is breached by the person who is being restrained. This can result in many complications including the need for a criminal defense attorney to be engaged. In summary, family court deals with civil matters involving family relationships, while criminal court deals with criminal offenses which would include the breach of a DVRO.
Family court and criminal court are two distinct legal systems in the United States.
Family court is a civil court that deals with family-related legal issues such as divorce, child custody, child support, adoption, and domestic violence. The goal of family court is to resolve disputes between family members and ensure the well-being and safety of children and vulnerable adults. In family court, the focus is on finding solutions that are in the best interest of the parties involved, particularly the children. The court may order mediation or counseling as a way of resolving disputes, and decisions are typically made by a judge or a family law commissioner. The family court can issue the DVRO.
Criminal court, on the other hand, is a court that deals with criminal offenses such as theft, assault, murder, and drug offenses. The goal of criminal court is to hold individuals accountable for breaking the law and to ensure that justice is served. Criminal court proceedings involve a prosecutor who brings charges against the defendant, and a defense attorney who represents the accused. The case is presented before a judge or a jury, and if the defendant is found guilty, they may face penalties such as fines, probation, imprisonment, or even the death penalty. The criminal court can find someone guilty of breaching a DVRO, with criminal penalties as consequences. Also see Responding to a DVRO.