Domestic Violence Restraining Orders have become commonplace in today’s family law arena. In fact, a strategy of using domestic violence allegations has also become popular in seeking court orders to gain an advantage over the opposing party, particularly when issues exist concerning child custody and visitation issues.

Who Qualifies for Protection?

Under the provisions of California Family Code section 6211, any person with whom the applicant has had an intimate relationship can seek a domestic violence restraining order. This would place strict restrictions on any of the following persons:

• Spouse and former spouse;
• Cohabitant and former cohabitant who has or had a dating relationship with the applicant;
• A person with whom applicant has had a child;
• A family member not further than the second degree.

What Kind of Protection Can Be Obtained?

The courts in California, upon application of a person qualified above, can issue an order “enjoining a party from molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, harassing, telephoning, including, but not limited to, annoying telephone calls, destroying personal property, contacting, either directly or indirectly, by mail or otherwise, coming within a specified distance or, or disturbing the peace of the other party, and in the discretion of the court, on a showing of good cause, of other named family or household members.”

Under California Family Code section 6389(a), a person who is subject to a domestic violence restraining order cannot own, possess, purchase or receive a firearm and must immediately relinquish any firearm in his possession while the orders are in effect. This prohibition can have a devastating effect on the employment of anyone who is required to have a firearm as part of their employment, which would include positions such as a security guard, police officer, member of the military or any other person employed by one of the many governmental agencies where having a firearm is required.

How a Domestic Violence Restraining Order Impacts Your Job

A domestic violence restraining order is often granted on a temporary basis without a formal hearing when the applicant alleges an emergency situation. In these situations, a police officer or other such employee required to have a firearm may face suspension or termination unless immediate action is taken to protect his/her right to own and possess a firearm.

A court does have the authority to grant an exemption from the relinquishment requirement if it can be shown that a particular firearm is necessary as a condition of continued employment and that the employer is unable to reassign the restrained employee to another position where a firearm is unnecessary.

Section 6389(h) of the family code further states that in these cases, the firearm must remain in the control of the employer whenever not in use by the employee. However, an exception can be made allowing a police officer to have his firearm even while off duty if the court makes a finding that a police officer does not represent a danger to others after a mandatory psychological evaluation. Counseling and remedial treatment may also be required by the court.

The expense of legal fees and psychological testing combined with scheduled court hearings can make it impossible for a police officer to perform the requirements of his or her job.

Call the Domestic Violence Attorneys at Wallin & Klarich

If you are facing a domestic violence case, you should call the experienced family law attorneys at Wallin & Klarich. Our attorneys at Wallin & Klarich have over 30 years of experience successfully representing persons accused of domestic violence. We are prepared to fight vigorously for you. With offices located in Orange County, San Bernardino, Los Angeles, Torrance, Riverside, West Covina, Victorville, Ventura, San Diego and Sherman Oaks, there is an experienced Wallin & Klarich attorney available to help you no matter where you are located. Call us at (888) 749-7428 today for a free phone consultation. We will get through this together.