If you are a victim of domestic violence or believe you or your children are in imminent danger of such harm, then you may obtain a domestic violence restraining order (DRVO) in court. A restraining order prohibits the abuser from contacting you and your loved ones, visiting any location where you and your loved ones frequent, possessing or purchasing a firearm, and giving you temporary child custody and visitation rights.
The following are the three types of DVROs in California:
Emergency Protective Order – If the courts are closed, then a police officer at the scene can call a judge and request an emergency protective order. If the judge believes there is an immediate and present danger of domestic violence, the court will issue an emergency order, which lasts only five (5) business days or seven (7) calendar days, whichever is shorter. During that period, victims have an opportunity to request a regular DVRO.
Temporary Protective Order – Also known as an “ex parte” restraining order, this type of protective order provides immediate protections until a full hearing is held. The clerk will schedule the hearing date within three (3) weeks.
Final Protective Order – At the full hearing, both sides have a chance to present each side of their story. If the court grants the victim a restraining order, then the protections last up to five (5) years. However, if the order does not contain a termination date, then the order will last three (3) years from the date it was issued.
If you are interested in obtaining a DVRO in Sacramento, contact The Law Office of David A. Martin & Associates today at (916) 299-3936 for experienced family law representation. Serving the greater Sacramento Valley and surrounding communities since 1995.
