Helping Families for 25+ Years

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 parental rights.

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 further harm.
  • 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.

Please note: Delete this website from your browsing history if you viewed it on a computer that your abuser may be able to access.