California Family Code 6309

California Family Code 6309 Attorney

Domestic violence is an unfortunately pervasive problem throughout California, impacting thousands of lives every year. There are many legal mechanisms in place intended to deter domestic violence and assist domestic abuse survivors in various ways, but many of these victims have been subjected to litigation abuse. California Family Code 6309 intends to prevent this, ensuring abuse survivors can get the restraining orders they need to feel safe again.

Objectives of California Family Code 6309

Domestic violence victims who enter the family court system and/or civil court system seeking help and protection from further abuse are often targeted with malicious litigation from their abusers. “Litigation abuse” is a broad term that can apply to any use of the legal process from a domestic abuser to intimidate, harass, coercively control, or simply maintain contact with an abused victim.

One tactic that abusers have employed to cause economic hardship and psychological distress to their victims in the family court system is petitioning for a discovery process prior to the court issuing a domestic violence restraining order. Discovery is a time-consuming process that requires the parties involved in a case to submit their evidence to the court. Abusers have used this tactic to delay being subject to restraining orders.

Prior to the enactment of California Family Code 6309, this tactic was used to delay the implementation of restraining orders, preventing abuse survivors from securing the legal protection they need in a timely manner. Abusers could continue to contact and otherwise harass their victims during the interim, and they would also inflict additional economic hardship on their victims through these tactics.

California Family Code 6309 still allows for pretrial discovery to occur, but it provides the judge the discretionary power to effectively streamline the process and ensures the abuse victim can secure their restraining order as quickly as possible. This Code section intends to work in conjunction with the Domestic Violence Prevention Act and does not take away any rights afforded by the Act.

Securing a Restraining Order

If you have experienced any form of domestic violence and the police respond to your call for help, they can guide you through the process of securing a temporary restraining order against your abuser. This temporary order will prevent the abuser from contacting you or coming near you until your preliminary hearing in court. Many victims of domestic abuse are able to secure these temporary orders the very same days they request them.

Any violation of a domestic violence restraining order will lead to severe penalties. The abuser who violates the order could face heavy fines, jail time, and other penalties assigned at the discretion of the court. Their violation of the restraining order could also impact related family court proceedings in various ways.

After obtaining your temporary order, you will need to prepare for a formal hearing at which a family court judge will determine whether the order should be rescinded or made permanent. This can also kick off a series of additional family court proceedings involving you and the abuser. If you have questions about how California Family Code 6309 could apply to your situation, it is vital for you to speak with an experienced domestic violence attorney.

FAQs

Q: What Is California Family Code 6309?

A: California Family Code 6309 is a newly enacted law pertaining to pretrial discovery in domestic violence cases. This law seeks to limit litigation abuse that many people experience when they attempt to resolve a domestic violence case in court and secure a restraining order. This section of the Code states that civil discovery in restraining order cases is only permitted with good cause. This is meant to deter abusers from making victims suffer litigation abuse.

Q: How Fast Can You Get a Restraining Order?

A: You can get a restraining order very quickly in California. Police are required to respond to domestic violence and remove alleged abusers from these situations immediately, and it is possible for the victim of domestic violence to secure a temporary restraining order the very same day they request it from the court. The police who respond to a call for domestic violence may assist the victim in arranging for a temporary restraining order.

Q: Does California Family Code 6309 Interfere with the Domestic Violence Protection Act?

A: Nothing in the California Family Code 6309 is intended to take away one’s rights provided by the Domestic Violence Protection Act. Abuse survivors are still permitted to secure police reports, arrest records, medical records, and all other evidence pertinent to their cases. The objective of California Family Code 6309 is to prevent abuse survivors from facing litigation abuse in their domestic violence restraining order hearings.

Q: What Are the Penalties for Violating a Restraining Order?

A: The penalties for violating a restraining order are typically listed in clear detail within the order itself. An intentional violation of any restraining order is likely to result in a heavy fine as well as jail time. Additionally, violation of a restraining order will make it very difficult for the subject of the order to argue for having the order rescinded in the future, and they could face additional penalties at the court’s discretion.

Q: Do I Need a Lawyer to Secure a Restraining Order?

A: You do not need a lawyer to secure a temporary restraining order if you have experienced domestic violence. However, securing your temporary order is likely just the first step in resolving your case. You will need an experienced attorney’s help to ensure that you can secure fuller protection than the temporary order provides, and you can also count on your attorney to provide counsel through related family law matters such as divorce or custody determination.

The attorneys at Quinn & Dworakowski, LLP, excel at resolving complex family law cases, and we aim to help domestic abuse survivors secure the legal protections they need to avoid further abuse. If you have questions about California Family Code 6309 or any other legal questions related to domestic violence or restraining orders, we can help. Contact us today to schedule a consultation with our team and learn more about the legal services we offer.