Irvine, CA family law attorney Marc Garelick talks about when you should seek an Order for Protection. He states that everyone needs to understand that in California, the Domestic Violence Prevention Act is very broad. This means that domestic violence can take many forms, including physical abuse, emotional or mental abuse, and coercive control. This creates a wide-ranging definition of what could constitute domestic violence.

When he meets with a client, he can usually determine within a few minutes whether the situation falls under one of these categories. If it does, and protection is needed, he discusses the implications and outlines the strategy that should be applied. He notes that many cases involve coercive control, where one spouse exerts extreme control over the other, limits their access to finances, isolates them from family and friends, or confines them to certain responsibilities without knowledge of the broader situation.

He emphasizes the importance of evaluating the evidence. It is easy to enter court and make a “he said, she said” argument, potentially securing a temporary restraining order. However, when it comes to a permanent restraining order, the court requires concrete evidence. Without it, the case becomes a straight credibility determination, which is risky.

He advises clients to carefully document and gather proof, whether through text messages, videos, third-party declarations, police reports, or records from law enforcement or social services. These elements are critical in deciding whether to proceed with a restraining order and ensuring that the client’s case is supported effectively in court.