What Is A Restraining Order? What Steps Will My Attorney Take On My Behalf To Attempt To Have A Restraining Order Granted?
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Domestic violence is a serious issue that affects individuals, families, and communities across the world. It is defined as abuse or threats of abuse between people who have an intimate relationship – whether married or not, dating, living together, or have children together. In Southern California, domestic violence includes physical violence, sexual assault, emotional abuse, and economic control.
What is a Restraining Order?
A restraining order, also known as a protective order, is a legal document issued by a court that helps protect victims of domestic violence from further abuse or harassment by their abusers. It prohibits the perpetrator from contacting or going near the victim and can also include other restrictions, such as prohibiting possession of firearms.
Types of Restraining Orders
There are three types of restraining orders that victims of domestic violence can obtain:
* Emergency Protective Order (EPO): This type of order is usually issued by law enforcement at the scene of a domestic violence incident. It lasts for 7 days and gives immediate protection to the victim.
* Temporary Restraining Order (TRO): A TRO is issued by a judge and lasts for up to 21 days. It can be obtained by the victim at a courthouse without the perpetrator present.
* Permanent Restraining Order: A permanent restraining order can only be issued after a court hearing where both parties have the opportunity to present evidence and arguments. It can last for up to 5 years and may be renewed if necessary.
What Type Of Restraining Order May Be Right For You?
The type of restraining order that may be appropriate for you depends on your specific circumstances. An Emergency Protective Order (EPO) is suitable for immediate and temporary protection, often utilized in the immediate aftermath of a domestic violence incident. A Temporary Restraining Order (TRO), which lasts up to 21 days, is ideal for those in need of more prolonged protection before a court hearing can be scheduled. If you require long-term protection, a Permanent Restraining Order, which lasts up to 5 years and can be renewed, may be the most suitable option. It’s crucial to consult with a legal professional who can guide you through the process and help you identify which restraining order best addresses your situation.
How to Obtain a Restraining Order
To obtain a restraining order, a person who believes they are the victim of domestic violence should seek the advice of an experienced restraining order attorney.
The alleged victim or his or her lawyer first must file a petition with the court in the county where the alleged abuse has occurred. The petition must document the specific abuse that occurred. The court will then review the petition and decide whether to issue a temporary restraining order.
Once a restraining order is issued, it must be served to the abuser by law enforcement or someone over the age of 18 who is not involved in the case. It is important for victims to keep a copy of the restraining order with them at all times and provide copies to their employer, children’s school, and anyone else who may need to know about it in order to protect them.
What Happens After You Have Served The Restraining Order Documents?
There will be a hearing where the judge will hear evidence presented by both sides to determine whether a restraining order should be granted.
1. At the court hearing the petitioner (the person who filed the restraining order) presents their evidence. This can include videos, photographs, medical records and any other evidence that will support the claim of the petitioner.
2. The Respondent, the party being accused, then has the right, most often through their lawyer, to question the petitioner. After this happens the judge may also ask the petitioner questions.
3. Then the petitioner can call other witnesses that the judge believes are “relevant” to the issue before the court.
4. After the petitioner is done presenting their evidence then the respondent is allowed to present his or her evidence.
5. Finally the court will decide whether the restraining order should be granted and if so for how long of a period of time.
It is extremely wise to have an experienced restraining order lawyer represent you if you are bringing or defending a restraining order matter. There are specific court rules that must be followed in court. Your evidence may not be admitted if you do not know how to present evidence in court. Our attorneys at Wallin & Klarich have the experience you need. We have offices in Tustin, Pasadena, Riverside, San Bernardino, San Diego, Torrance, Victorville, West Covina, Anaheim, and Irvine. Call our office today at (877) 4-NO-JAIL or (877) 466-5245 for a free consultation with one of our skilled restraining order lawyers.
