California Restraining Order Attorneys
Protect Yourself by Obtaining a Protective Order
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What is a Restraining Order?
A restraining order, or protective order, is a court order that helps protect victims of domestic violence from someone they have a close relationship with. Family law restraining orders are limited to parties who are married, divorced/separated, have/had a previous dating relationship, are parents of a child together, or have a close familial relationship. These orders require the person they are levied against to remain a certain distance away from the protected person for a designated amount of time. A restraining order also generally contains a no-contact order, which prohibits the restrained party from contacting the protected party in any way.
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Know Your Options for Protection
Family law restraining orders in California can contain a variety of orders outside of the basic no-contact order that parties expect. Depending on the relationship between victim and abuser, custody orders, support orders, orders regarding pets, kick-out orders, and a multitude of other orders are available.
At Cage & Miles, we work quickly to aid victims of abuse and can work with the courts on your behalf to obtain an order that affords you the maximum possible protection. We understand the immense emotional damage that can be done in cases of abuse, and we work hard to help victims obtain the safety they so desperately need. We have experience handling all types of family law issues and can work to put these laws to work to protect you and your loved ones from those who would wish to harm you.
Areas of Family Law
What is Considered Abuse?
California courts and the California Family Code have long recognized the fact that domestic violence is not limited to physical harm. Abuse includes, but is not limited to, threats of physical harm, stalking, harassment, disturbing the peace, financial abuse, emotional abuse, and coercive control.
FAQ
- Q: What type of protective order can I get?
- A: If you are seeking protection through California Family Courts, you must first file a request for a temporary restraining order. If the temporary restraining order is granted, you can request it be served by the Sheriff's Department, a process server, or any non-party over the age of 18. The temporary restraining order is not effective until it is served, and will generally remain in place for three weeks until the hearing. At the hearing, the court will decide whether to let the temporary restraining order expire or issue a permanent restraining order for any period of time from one more day to five years. Prior to the expiration of the permanent restraining order, the victim can request a renewal.
FAQ
- Q: How quickly can I obtain a protective order?
- A: A temporary restraining order will usually be granted or denied on the same day of the request. It’s important to get to the court as early as possible so the court has time to review the request prior to close of business.
FAQ
- Q: What if my abuser violates the protective order?
- A: Violating a restraining order is a criminally punishable offense for the person who has the order filed against them. These penalties can apply if the abuser violates any of the provisions of your protective order, including any orders not to contact, refusal to move out, or refusal to surrender firearms they may own.
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