Domestic Violence and Who Has Standing to File a Motion

At the Law Office of David P Schwarz we have fought for many clients to file a Domestic violence action In Orange County family law Court. There are certain requirements that must be met in order for a party to be able to file the domestic violence action under the family code. Please call our office for a consultation at 949 735 9266 or contact us via the web. We also can be contacted via email at

A Domestic violence attorney will be able to easily advise the client that if there if there are elements that meet the criteria to file a domestic violence action the next step will be if you have standing to do so. A spouse or former spouse is the first type of party who is able to file a Domestic violence action under the family code requirements. That means that if the parties are currently married or even if they had recently divorced a domestic violence lawsuit can be brought by either party if all the elements are met.

The next major domestic violence action A domestic violence lawyer will assert that takes place in the family law superior court system relates to individuals who are not married but simply live together and a domestic violence act occurs. These type of parties are legally referred to as cohabitants. When filing for a domestic violence action in family law court, the court will permit former cohabitants to file an action as well. This permits any party who simply had a brief live in relationship with the other party to be able to file a restraining order and seek the full effect of the domestic violence laws.

The family law Court has further expanded the ability of parties to file an action in Orange County superior court when they even had a dating relationship with one another. At the Law Office of David P Schwarz we will protect the party who has had a Dating relationship. This means that the parties had a frequent and intimate connection. The parties will have to show they had sexual involvement independent of financial considerations.

Another party who can file a domestic violence action in family law court would be a parent whom had a child with another person. As long as it can be proven that the child is the child of the parents either party can file a restraining order.

A less commonly sought domestic violence action can be filed by parties that are simply affiliated by bloodline. That means that brothers and sisters can file against each other. Moreover, a child can file against their parents and the parents vice versa can file a domestic violence action against their children.

The family law code makes it rather clear that as long as you have two generations of connection by bloodline then you can file a domestic violence action. Therefore, a grandparent and or grandchild will be able to file under the family law code rules.

Finally the domestic violence law permits any party that falls under the rules to be able to file their restraining order even if they had moved out of the house they shared with the other party. In addition, even if the domestic violence act did not occur recently occur the family code permits the party to still file the action in superior court.

At the Law office of David P Schwarz we are seasoned trial lawyers who have fought for and against many orange county domestic violence orders. Please call our office for a consultation at 949735 9266 or contact us via the web. We can also be reached via email at

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