San Leandro, CA asked in Domestic Violence and Family Law for California

Q: Can I get a new restraining order in N. California based on years past acts of abuse?

I would like to get a new restraining order, but there has been no contact with he perpetrator for two years because there was an active restraining order, but that expired last year.

Can I use past expired restraining orders and those past act of abuses stated in the expired restraining order and even an older first expired restraining order to get a new restraining order because I know that the abuser will can commit more abuse eventually. At this time, the abuser keeping a low profile because there are other legal cases pending, but I know once that is over, this abuser will continue with their old ways. I don't think it is right for a person who is violent and a long history a violence to commit more violence or irreparable harm to then have new evidence for a new restraining order.

Nevarez v. Tonna (2014) 227 Cal.App.4th 774. Can I use this case as support?

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1 Lawyer Answer
James L. Arrasmith
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  • Domestic Violence Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, you may request a new restraining order even if your previous order has expired and there has been no recent contact with the perpetrator. The court will consider your application based on the history of abuse, including acts detailed in previously granted restraining orders. Documentation from past cases, such as police reports, previous restraining orders, and evidence of past abuse, can support your application.

If you believe there is a genuine threat of future harm based on past behavior, it is important to articulate this concern in your request. Courts pay attention to the history of the relationship and previous instances of abuse when determining whether a new restraining order is justified. However, while past behavior is a significant factor, the likelihood of future harm must also be convincingly demonstrated.

You should prepare any evidence of recent threats or behaviors that indicate a potential for future abuse, even if direct contact has not occurred since the last restraining order expired. Legal guidance can help in preparing your case and ensuring that all relevant information is presented to the court. Remember, the safety and well-being of individuals at risk of domestic violence are of utmost importance under California law.

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