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Restraining Orders in California

Protecting Your Property in a High Asset Divorce

We know how to deal with DVRO and other domestic violence issues

Restraining orders can be an effective way to keep you and your family safe in cases where a partner, former partner or third party is creating an unsafe environment and you want to ensure there is a safe distance between this person and your loved ones.

This area of law can be difficult, however, especially if you are seeking to obtain a restraining order on your own. Do you know exactly what you should ask for in an emergency protective order? Do you know how long a temporary restraining order will be enforceable

At Kaspar & Lugay, LLP, our Marin, California-based restraining order attorneys are committed to taking care of our clients and their children, and preventing domestic violence. If you need a restraining order (DVRO), we will take the time to analyze your unique situation and present a clear and compelling argument to the judge supporting your request. We can explain what protection domestic law provides.

Call 415-789-5881 or contact us online to find out how we can help with your protective order.

Do not wait to take action if you or your child is at risk of domestic violence, including:

  • Sexual abuse
  • Physical abuse
  • Verbal abuse
  • Emotional abuse
  • Harassment
  • Stalking

Has a Restraining Order Been Issued Against You

If a restraining order has been filed against you, it is important to consult with an attorney immediately in order to protect your relationship with your child and assess the potential impact on your civil or criminal record. Depending on the type of restraining order, it may be entered on the California Law Enforcement Telecommunications System (CLETS) and allow statewide or national access.

The Pitfalls of Do-It-Yourself Restraining Orders

There are dangerous pitfalls to a do-it-yourself restraining order. If you need, or your child needs, protection from domestic violence, you cannot afford to make a mistake. You need to ask the court for an emergency protective order or a temporary restraining order that offers the necessary protection for the appropriate length of time.

When it comes to restraining orders, you need two things above all else:

  • A restraining order that the court will enforce
  • The answers to your questions as quickly as possible

The experienced family law attorneysat Kaspar & Lugay, LLP, provide the expertise you need to get the answers you want in a timely fashion. If you require assistance with obtaining or challenging a restraining order, we will develop a solution that is tailored to your unique needs. Call 415-789-5881 or contact us online to schedule an initial consultation.

What Can a Temporary Restraining Order Include

A judge has a wide range of leeway in terms of requirements a restraining order could specify, such as:

  • A criminal protective order can specify no contact
  • An order to refrain from use of drugs or alcohol
  • A stay-away order requiring a person to stay away from a home, school, etc.
  • An order to maintain a certain distance from the protected person
  • An order not to call (work or home), e-mail, text message, or otherwise contact a person
  • A good will order preventing a parent from damaging a child’s relationship with the other
  • A civil harassment order can order a neighbor, roommate, or co-worker to stop harassment

How long do restraining orders last

If you need a court order to keep someone away, there are 3 types of restraining orders you have to use:

  1. Emergency Protective Order (EPO): An officer is empowered to request an EPO if they have reason to believe someone requires immediate protection from domestic violence from their partner. After the EPO is issued, it takes effect immediately and lasts for 1 week. The purpose of an EPO is to protect the abused person in the time period when they are in the process of applying to court for a temporary restraining order.
  2. Temporary Restraining Order: A temporary restraining order is valid for 20 to 25 days. This type of order is granted if the judge believes that you are in immediate danger and require protection in the time period before the court actually hears your case. Once the time period for the temporary restraining order is up, you will attend a court hearing where the judge will finally decide upon issuing a permanent restraining order for you.
  3. Permanent Restraining Order: In the court hearing, if the judge believes the person requesting protection is in danger, then the judge will issue a permanent restraining order. A domestic violence permanent restraining order usually lasts up to 5 years.

How a Restraining Order Affects Daily Life

If a restraining order has been placed against you, you will have to adjust your life accordingly in order to comply with your specific restraining order. For instance, if a partner who lived with you filed the restraining order against you, you will legally have to temporarily or permanently leave your home and find a new home until the time period stated by the restraining order is up or lifted by the court.

A restraining order may also require you to follow new rules or take on new responsibilities. For example, a restraining order may not allow you to contact your children if they live with the person who filed the order against you. You may also be mandated to attend and pay for a counseling program to prevent acts of domestic violence.

In addition, the restraining order may end up being on your record for up to five years following the expiration of the order.

What proof might you need for a restraining order

The amount of proof need varies with the type of order. For a temporary restraining order, the level of proof required is quite small. You will usually only have to supply statements of what kinds of abuse have occurred currently and/or in the past. If the judge believes there is reasonable proof, then the temporary restraining order will be granted. As for permanent restraining orders, more proof will be needed than lower level restraining orders. You will usually need to supply proof in the form of statements, testimonies, and physical evidence (photographs, text messages, etc.) to be granted a permanent restraining order.