If you’re filing for a Domestic Violence Restraining Order (DVRO) in California, you might wonder if you should also file a police report about the same incident. This decision can have important consequences, especially if children are involved. Let’s break it down so you can make an informed choice.
What Is a DVRO?
A Domestic Violence Restraining Order is a court order designed to protect you and your children from abuse. You can file for a DVRO in family or civil court to stop someone from contacting or harming you.
What Happens When You File a Police Report?
Filing a police report means formally telling law enforcement about the abuse. The police may:
- Investigate the situation.
- Arrest the person if they believe a crime occurred.
- Refer the case to prosecutors, who may decide to file criminal charges.
Pros of Filing a Police Report
- Creates a Record of the Abuse
A police report documents the abuse and can serve as evidence in your DVRO case or future legal actions. - May Lead to Criminal Charges
Filing a report can result in criminal charges, which might provide additional protection if the abuser is convicted. - Involves Law Enforcement
If you feel unsafe, involving the police can provide immediate protection and help ensure the abuser takes the DVRO seriously. - Helps Protect Your Children
If the abuse puts your children in danger, filing a police report may prompt Child Protective Services (CPS) to investigate and intervene if necessary.
Cons of Filing a Police Report
- Criminal Consequences for the Abuser
Filing a police report can lead to arrest and prosecution. While this may be necessary, it could escalate tensions, especially if you share children or rely on the abuser for financial support. - Involvement of Child Protective Services (CPS)
If CPS believes your children are at risk, they may open an investigation. While their goal is to protect children, this process can feel intrusive or stressful. - Potential Impact on Custody Cases
A CPS investigation or police report might influence custody decisions. Depending on the circumstances, this could work for or against you. - Emotional Stress
Interacting with law enforcement and reliving the abuse can be emotionally draining.
What to Consider Before Filing a Police Report
- Do You Need Immediate Protection?
If you’re in danger, call the police right away. Your safety and your children’s safety come first. - What’s the Nature of the Abuse?
Physical violence or threats may warrant filing a report, especially if the abuse involves weapons or puts children at risk. - Are Children Involved?
If the abuse endangers your children, filing a report may prompt necessary action to protect them. - Do You Have a Support System?
Reporting abuse can be challenging. Consider reaching out to a domestic violence advocate or attorney for guidance and support.
Tips for Navigating the Process
- Gather Evidence
Document injuries, take photos, and save text messages, emails, or other proof of abuse. - Be Prepared for CPS
If children are involved, CPS may contact you. Cooperate fully and focus on showing how you’re protecting your children.
Final Thoughts
Filing a police report while seeking a DVRO can strengthen your case and help protect you and your children. However, it’s important to weigh the pros and cons, especially if children are involved. Take the time to assess your situation.
***
Disclaimer: This blog is for informational purposes only and does not constitute legal advice. For advice on your specific situation, consult an attorney or legal advocate.
