In November 2021, a California judge determined the woman before him had demonstrated a reasonable case of fear of continued physical abuse and threats to her life with a firearm. However, the judge wasn’t sure if state law actually gave him the authority to renew her domestic violence restraining order.
California’s Domestic Violence Prevention Act allowed for protection orders to be renewed for “either” five years or permanently, begging the question: Could domestic violence restraining orders be re-upped multiple times?
It wasn’t a unique conundrum posed by the judge, but rather one heard by attorneys and advocates across the state.
That lack of judicial consistency — and a legislative recommendation from the UC Irvine School of Law’s Domestic Violence Clinic — led to a recent change in the law.
“The reality is, abuse survivors often need ongoing protection for their safety,” said Jane Stoever, a UCI Law professor and director of the Domestic Violence Clinic.
“Returning to court and reengaging with an abusive partner or family member, it really is not an easy undertaking for anyone,” Stoever told the Register. “For clients who are seeking a subsequent renewal of an order, there’s usually a pretty severe history and danger they are facing, and they have a real need for the court’s protection.”
The need for a clarification to further protect domestic violence survivors came in a bill from Sen. Dave Min, a Democrat who represents parts of Orange County.
Min’s legislation, signed into law by Gov. Gavin Newsom earlier this month, specifically ensures judges have the ability to renew domestic violence restraining orders, including those that have been previously continued.
“Domestic violence restraining orders reduce violence and save lives,” Min said. “Research shows us that civil restraining orders are the most effective legal remedy available for preventing domestic violence, but unfortunately, the inconsistent application of restraining order renewals by judges throughout the state has endangered the safety of many (domestic violence) survivors.”
Already, even without confusion hampering a renewal, obtaining a protection order is an arduous task for victims of domestic violence.
“This is an adversarial process, and the idea of filing a pleading and detailing facts about someone who has abused you, that itself is a process,” Stoever said, adding people often face the greatest risk when attempting to leave a relationship or seek legal help.
Research has shown, Stoever said, that respondents violate about half of civil restraining orders obtained by an intimate partner who was physically assaulted. Those violations increase to two-thirds of restraining orders if the respondent raped or stalked their partner.
But research also found that civil restraining orders are the most effective legal remedy for preventing future abuse, and the greater duration of protection, the better safety outcomes a victim has, Stoever said.
Christine Smith, a public policy coordinator for the California Partnership to End Domestic Violence, noted many domestic violence survivors in California self-represent in court.
“Lack of clarity can mean that survivors are being denied ongoing protection from abuse,” Smith said in an interview. “Making things as clear as possible is going to make sure they get the protections that they need.”
A domestic violence restraining order is a court order meant to shield individuals from abuse or threats of abuse by someone close to them. It can prohibit an abuser from contacting or living with a victim, possessing a firearm or changing insurance policies, among other things.
California allows individuals to seek a domestic violence restraining order if they are in a close relationship with someone who has been abusive or threatened abuse. A close relationship can include a spouse or domestic partner, former spouse or domestic partner, significant other, co-parents, or closely related relatives such as parents, children and siblings.
An estimated 1 in 3 women and 1 in 4 men have experienced some form of physical violence from their intimate partner, according to the National Coalition Against Domestic Violence. The organization found that 19% of domestic violence involves a weapon, and the presence of a gun during a domestic violence situation can increase the risk of homicide by 500%.
No one voted against Min’s bill during its trajectory in the legislature.
Where to get help
All hotlines operate 24/7.
Women’s Transitional Living Center: Call 877-531-5522. More information at wtlc.org.
Laura’s House: Call 866-498-1511 or text HEART to 949-484-8440. More information at laurashouse.org.
Human Options: Call 877-854-3594. More information at humanoptions.org.
National Domestic Violence Hotline: Call 800-799-7233. More information at thehotline.org.
Orange County Child Abuse Registry: Call 800-207-4464.
Orange County Adult Protective Services: Call 800-451-5155.
Source: Orange County Register
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