San Diego restraining order attorneys to protect against domestic violence
A restraining order is a court order than protects you against emotional, physical or even financial abuse. There are four different types of civil protective orders that may be issued in California, one of which can be obtained in domestic violence cases called the Domestic Violence Restraining Order (“DVRO”). This type of order helps protect you against someone you have a close relationship with and that is being abusive to you.
Our family law attorneys are experts when it comes to obtaining restraining orders and will work tirelessly to protect you and your family against a domestic violence abuser. We know this a sensitive situation, but one that needs a successful outcome that our highly resourceful attorneys can ultimately provide.
How do I get a restraining order?
To request a civil restraining order for domestic violence, the person seeking the order must be married to the abuser, in a dating relationship or in a close familial relationship. There must exist actual physical violence or a credible threat of physical violence. Abuse comes in many forms. Abuse can mean to hit, kick, pull hair, scare, throw things or push. It can be physical, written or spoken.
How do you get a restraining order? With the assistance of an experienced family law attorney at Minella Law Group, the process of obtaining a restraining order for domestic violence includes the following:
- Going to your local California family court
- Filling out form DV-100 which is a Request for Order against abuse
- Filling out form DV-101 that requests a description of the abuse
- Filling out form DV-110 for a Temporary Restraining Order to protect you from abuse
- Filling out form DV-109 for Notice of hearing giving the person to be restrained notice
- Filling out form DV-140 for a Child Custody, Visitation and Support Request if necessary
- Filing the paperwork in family court
After all forms are filled out, you will then first go before a judge informing him about the abuse that occurred. If the judge agrees that you need protection, he or she will issue a temporary restraining order not to exceed 25 days and a hearing is scheduled. If all forms are timely filed on the day you go in, the DVRO will be issued that same day.
Permanent Restraining Order Hearing. When you get to the hearing you will have a chance to make your case and so will the accused. You are called the “petitioner” and the accused, the “respondent.”
Standard of proof required. To obtain a restraining order you will only need to demonstrate by clear and convincing evidence that the respondent threatened you and that the order is necessary to protect you.
Agreement. A court will almost always see if an agreement may be reached between the parties. Sometimes, a respondent will agree to the restraining order terms. This becomes more challenging and difficult when there are children involved and the restraining order threatens to take away his or her time with them.
Duration. At your hearing, a judge may order that the restraining order you requested be permanent. It is not really considered permanent, but are typically granted for 1 year and no more than 5 years (3 years if the order does not state an expiration). After the order expires, you may ask for another restraining order if protection is still needed.