California Domestic Violence Lawyer
File for a Restraining Order
If you have been abused by your spouse, partner, roommate, family member,
or someone else close to you, there are legal protections you can use
to stop future abuse and seek justice. Myers Family Law in Granite Bay
can help you discover these rights and decide how to best proceed in a
way that limits your interactions with your domestic abuser and preserves
your health and wellbeing.
With decades of legal experience working as domestic violence attorneys
in California, we have a deep understanding of the California Family Code
and other state laws related to domestic violence. Turn our experiences
and legal knowledge into your advantage by letting us represent you and
your best interests during such a confusing, intimidating time. We can
also hear you out and help protect your rights from false accusations
of domestic violence used to try to defame you.
Contact us today at
(916) 634-0067 to learn more about our services.
Call 911 when it is safe to do so if you are in immediate danger of a domestic abuser.
What Constitutes Domestic Violence?
- Domestic violence is specific to a cohabitant, family member, or another
person that involves:
- Intentional acts of bodily injury
- Sexual assault or abuse
- Placing another person in imminent danger
- Genuine, convincing threats of violence
No matter the details of your case, we can devote our legal services to
protecting your best interests. We are here to provide confidence and
guidance to domestic violence survivors who need to find ways to distance
themselves from their abuser. Our team can also help defend the wrongfully
accused from the many consequences that can follow a false domestic violence
allegation, such as the removal of
How to Get a Restraining Order in California
Oftentimes, the first step in protecting yourself from a domestic abuser
is filing for a restraining order against them. Restraining orders for
domestic violence will prohibit the restricted person from certain activities
that would otherwise put you in danger. For example, many restraining
orders will temporarily remove the restricted person’s right to
carry a firearm, prevent them from contacting you directly, and make it
unlawful for them to enter your workplace, home, or any place within 100
or so feet from you. Domestic violence restraining orders can also demand
that the restricted person follow
divorce court orders, keep you on their insurance policy for the time being, and
other miscellaneous tasks to protect your wellbeing.
Restraining orders can be filed if you were abused or presented with a
legitimate threat of abuse. Physical and sexual abuse are usually the
two types of abuse in question, but severe emotional and mental abuse
may be enough to convince a judge to approve the domestic violence restraining
order. Lastly, the person restricted by the order needs to have a close
relationship with you. If they do not, then you would need to file for
a civil harassment restraining order.
The basic process of getting a restraining order for domestic violence is:
- You file with your local family law court for a restraining order. There
is no filing fee ever.
- Within 24 hours, the judge will approve or deny the restraining order application.
- If the restraining order is approved, then the restricted person will need
to be served official notice of the order. The person serving the paperwork
must be a legal adult who is not involved in the case. Deputies will usually
offer to serve domestic violence orders at no cost to protect you from
- A hearing – usually scheduled within one to two weeks after the papers
are served – is held, during which both sides present their arguments
for or against the order.
- The judge decides to end the restraining order or continue it for 5 years.
At the end of the 5-year extension, another hearing will take place to
either continue or end the order then.
Please keep in mind that you can also get an emergency protective order
(EPO) at any time of any day. EPOs are requested by law enforcement officers
who respond to domestic violence calls. If you are in clear and present
danger of further abuse when the police arrive, they can call a judge
directly to approve an EPO.
Abused By or Charged with Domestic Violence? Call (916) 634-0067
Our Granite Bay domestic violence attorneys are fully invested in doing
what is best for you when you come to us for legal support. Whether you
need help protecting yourself through a restraining order or shielding
your reputation from a false accusation of domestic abuse, we are ready
to stand by your side. It is our goal to conclude your case as quickly
as possible to bring you peace of mind soon.
Contact us today at
(916) 634-0067. We provide legal counsel to people throughout Northern California.
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it on a computer that your abuser may be able to access.