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20-0410_COVID-19_20

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Hello this video is brought to you by the California Lawyers Association, a nonprofit organization of lawyers throughout California. This video is geared for those who have questions about how COVID-19 impacts domestic violence restraining orders. Additional information and resources can be found on our website calawyers.org Please note that this video is intended to provide general information and does not constitute as legal advice. The information in this video is based on the rules in place as of April 10th 2020 and those rules are always changing. A little bit about myself, im a certified family law specialist by the state bar of California Board of Legal Specialization and practice primarily in Beverly Hills and Los Angeles County, California. I am a current member of the CLA Family Law Section Ad Hoc Committee on the Coronavirus and the current vice chair of the Los Angeles Standing Committee for the Family Law Executive Committee. During this unprecedented time, stressors in family dynamics are shifting and domestic violence encounters may emerge. Domestic violence is inexcusable under any circumstance and there is an efficient process to seek and obtain a restraining order even during the COVID-19 crisis. At this time the courts in many areas are open to assist domestic violence victims. The slide that I have up is regarding the cycle of abuse. It is helpful to identify if you may be facing domestic violence problems and understanding the ways in which abuse perpetuates itself in terms of tension building then theres an abusive incident, often theres a honeymoon phase and then a calm and then the tension builds and it goes over and over again. It may seem like things are getting better but it could potentially still mean that they're getting worst so you need to know that the courts are here to help you seek your restraining order. Each court has a website, check their website regularly to determine what their policy is for filing domestic violence restraining orders. Each will have different requirements. Im a Los Angeles based lawyer and the courts are open to process domestic violence restraining orders and assist in providing protection. Courts are utilizing virtual tools such as hearings by video, audio or telephone and accepting electronic signatures to minimize possible exposure and travel. Judge Lawrence Riff with the Los Angeles Superior Court who is our supervising judge in the family law division has stated that parties can fax-file restraining orders and call the court with a system called court call to set up a telephonic appearance and the fax filing information is located on their website and this is of as April 10th 2020. In Orange County, the Orange County website has instructions for how to submit domestic violence restraining orders by an electronic submission system. Ive pulled up another slide for you to take a look at. Im going to go over a brief overview of the process and steps taken for domestic violence restraining orders during the COVID-19 process and what types of orders can be obtained. There are two types of domestic violence restraining orders, temporary and permanent. A temporary order is received on an emergency basis after attending court. It can be effective immediately and is followed by a period of 21 days in which the order needs to be reviewed. If this review does not occur within 21 days there can be a continuation of the temporary order based on good cause and this continuation of the order by a stipulation is occurring during the COVID-19 crisis until the courts fully reopen. Currently an emergency set of rules has been enforced that require new temporary restraining orders and existing temporary restraining orders that are set to expire during the state of emergency related to COVID-19 to be continued for a period of time that the court deems sufficient to allow for a hearing or seeking renewal. This continuation could be for up to 90 days. The COVID-19 crisis is a dynamic situation so the emergency set of rules will likely be reevaluated and readjusted when necessary. A competent attorney will be able to guide you through the process as seamlessly as possible. Appearing in court requirements are largely county based and we're seeing wide variation which is why it is important to have a competent, expert attorney in your local jurisdiction. You can also check your courts website and most have their COVID-19 information clearly displayed at the top. They may also have a number for you to call a self-help center such as the case in Los Angeles. Also several family law facilitator offices may be open for phone consultation. Other options if you're self represented are to seek out assistance from legal aid. All options can be found either on your courts website or via google search of your location and legal aid option. All information regarding the document that you need to file to complete the domestic violence restraining order are located on the judicial council website and im displaying a link in the powerpoint and its courts.ca.gov/forms.htm?filter=dv I know its a mouth full but on there you'll find a reference form which is very important and thats dv-500-info and that walks you through the steps that you need to take in order to file a restraining order and get all your paper work done correctly. Its a multi-page form and it may not be easy to digest so you may need to seek some help out to finalize it. Due to the stay at home orders several concerns have arisen for those seeking a restraining order. Such as sharing the same dwelling as the abuser. Typically the law requires that the abuser be given formal notice that you have filed a restraining order but if theres an immediate threat of harm you do not have to give notice. You will have to submit a declaration describing how you gave notice the day beforehand or ask why the court should wave notice due to immediate fear for your life or other physical harm. Orders you can obtain in a domestic violence restraining order may include an immediate move out from the home, immediate control over electronic devices, your number and/or a pet, immediate stay away orders, and immediate custody orders. This is not an exhaustive list but these are some examples of the orders that are available to protect you. Regarding living situations, if a temporary restraining order and move out order is granted the person who would have to leave the house is the abuser. This is important as it is an increase likelihood of domestic violence repeating itself if the person continues to reside in the same house. You can think back to the slide on the cycle of violence that we viewed earlier. Domestic violence restraining orders can have a huge impact on custody cases as there is a presumption against having joint legal or physical custody of a child if a person is found to have committed an act of domestic violence. This typically results in child visitation and in many cases, a supervised visitation for the person the restraining order is filed against. The downside of not proceeding with the domestic violence restraining order at the time of the occurrence is that the courts will presume that there is not an immediate need for a restraining order at that time. Your sincerity may be questioned if the restraining order is brought at a later time which is why time is of the essence. We want you to remain safe at all times especially during the COVID-19 crisis so if you feel that you may be the victim of an abuse and have legitimate fear we recommend you hire an attorney to guide you through the process to take immediate action and remove you from a potentially harmful situation. The COVID-19 crisis is challenging in many ways so we hope this video has cleared up any uncertainty you may have regarding filing a domestic violence restraining order at this time. Additional information will be posted to the California Lawyers Association youtube channel as it becomes available. We want you to stay as informed and safe as possible. Please remember that the information presented is not legal advice and is based on the rules in effect as of April 10th 2020. I wanted to close with a quote from Brené Brown, "Don't lose hope. When the sun goes down, the stars come out." There is a better future for you. Thank you for watching this video and for doing your part through the CVOID-19 pandemic.

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Duration: 8 minutes and 19 seconds
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Language: English
License: Dotsub - Standard License
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Views: 1
Posted by: tyanadiaz on Apr 15, 2020

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