San Jose Restraining Order Attorney
Restraining Orders
California’s Domestic Violence Protection Act was written to help victims of abuse, men and women alike, remain safe from their abusers. Under the Act, you may request a Domestic Violence Restraining Order against anyone with whom you have or have had a personal relationship, if that person has been verbally, sexually, or physically abusing you.
Types of Domestic Violence Restraining Orders (DVROs)
The state of California offers three kinds of DVRO:
- Emergency Protective Order: If you need immediate protection in order to remove yourself from a dangerous situation, a police officer can contact a judge at any time and request an EPO. It granted, it will go into effect immediately and protect you for five business days, giving you time to file for a longer lasting restraining order.
- Temporary Restraining Order: The first step in obtaining a DVRO is to go to court and request a hearing with a judge. You will likely be granted a temporary restraining order to keep you safe until the date of your hearing. You may request a TRO without your former partner present.
- Restraining Order after Hearing: At the hearing, you and your former partner will both have the opportunity to present your cases to the judge. If granted, a restraining order can last up to five years. At the end of that time, you may petition to have the order renewed or made permanent.
What Can a DVRO Do?
California restraining orders are farther reaching that most states’. Here a restraining order can require the person it is filed against to cease all contact with the person filing it, pay the filer’s attorney fees, give the police any firearms that he or she possesses, and attend a batterers’ treatment course, among other things. The judge issuing a DVRO can even make child custody and visitation decisions.
Contact a San Jose Restraining Order Attorney
Whether you need to file a restraining order for your own safety, or someone is threatening to file one against you, we can help. Contact the offices of San Jose restraining order attorney Daniel Jensen at 408-296-4100.
